BREAKING: Judge says former President Donald Trump and two of his children must testify in the New Y

[CaptainTruth]

Just reported by Associated Press

BREAKING: Judge says former President Donald Trump and two of his children must testify in the New York attorney general's investigation of his business practices.

Link added:

Trump must testify in New York investigation, judge rules

https://apnews.com/article/business-new-york-manhattan-donald-trump-subpoenas-0aa45e4644b13f7a3ef76d9c00491298

[Tommy Carcetti]

1. .....

[grumpyduck]

2. Well, if he has a meltdown this time,

I hope it's a literal meltdown.

Get it over with.

[Nevilledog]

3. Must sit for depositions. Not testify.

Link to tweet

[crickets]

23. +1 Important distinction.

Still looking forward to it, even if it's only transcripts. It doesn't sound like Letitia James will let him weasel out of it, either.

[L. Coyote]

79. Most important distinction, civil case, taking the 5th CAN be "used against you, adverse inference

Link to tweet

[Pinback]

105. Excellent. Thanks. (nt)

[CaptainTruth]

36. I thought "A deposition is a witness's sworn out-of-court testimony" per Cornell Law

I don't have a law degree, I'm just trying to understand all this stuff. I understand it's different than in-court testimony & different rules of evidence apply, but thought a sworn deposition was still a form of testimony. I rely on Cornell a lot for things like this as they seem to be accurate but if I'm mistaken please let me know, I'm just trying to learn, thanks!!!

Cornell Law:

A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."

https://www.law.cornell.edu/wex/deposition#:~:text=A%20deposition%20is%20a%20witness's,is%20called%20the%20%22deponent.%22

[Nevilledog]

46. I *do* have a law degree, so.....

A deposition is under oath, but the person being deposed has their attorney next to them who they can consult with before answering. That attorney can also lodge objections, and if necessary, can ask a judge to rule whether the question is allowed. A deposition is also more wide-ranging and lots of questions are asked that wouldn't be allowed in a trial setting.

That's obviously different than testifying in court.

[COL Mustard]

51. Can he/they appeal this?

Or is the judge's order final?

[Nevilledog]

57. They will be appealing it.

First, they'll try State appeals, and then try moving it to Federal court. They won't be deposed anytime soon.

But I'd love to be wrong.

[COL Mustard]

58. It figures.

[rsdsharp]

62. It depends on the state. I have a law degree, too, and practiced as a litigator for 33 years.

In my state, a deposition may be used for any purpose at trial. That includes the video, if the deposition was recorded. The judge will have to rule on any objections before trial, and any made subsequent to the taking of the deposition, as objections, except as to relevancy and the form of the question, are reserved during the deposition.

Depositions are also used to preserve testimony of witnesses who may not be present at trial. It’s almost always done in asbestos cases because the plaintiff may pass away before trial. I’ve also seen it done with out of state treating physicians, who won’t appear live at trial.

[Nevilledog]

71. There are exceptions, but it seems like you're more addressing out of court testimony.

To me that's different then an actual deposition being admitted at trial. Usually there must be a showing of unavailability before a deposition is admitted in place of live testimony.

It sounds to me like you're talking about out of court testimony, where it's conducted like trial questioning, just not in front of a jury.

In AZ, for instance, the testimony of children is often accomplished thru direct and x-exam by video. (Previously taped)

In my experience, conducting a deposition is very different than eliciting testimony at trial. Less formal, more investigative. Trial testimony is much more constrained and formal (direct, x-exam, redirect).

[rsdsharp]

77. Not in my state. We have no special rules for a preservation deposition.

A deposition is a deposition, and I’ve taken or defended hundreds, possibly more than a thousand. Maybe you don’t have cross and redirect in depositions, but we do.

Certainly, depositions are used for discovery, and I often ask questions I don’t know the answer to, which I would almost never do at trial. But if I like the answer, I can either admit that portion directly — by having it read on the stand, or reading it into the record myself — or use it for impeachment if the witness gives me a different answer at trial.

[Nevilledog]

81. Totally different procedures. Don't think I'd like that process.

Never had a deposition with cross & redirect. Do you prefer it that way?

[rsdsharp]

84. It's probably not really a matter of preference. It's just the way things are.

Different states do things differently. I did a lot of asbestos defense, and we’d get attorneys from all over the country, on both sides. Objections as to form aren’t reserved under our deposition rules, and plaintiffs’ attorneys often used it as a signal to the client to try to dodge a question.

If I was feeling generous, or if they really pissed me off, I’d point out that “object to form” isn’t a valid objection in this state. You have to point out HOW the form is lacking, so the questioner has a chance to obviate the objection. If you don’t, the objection is invalid. If I was feeling generous I’d do it early. If I was pissed, I’d do it at the end. Usually I said nothing at all. They chose to sue here. It’s their obligation to know the rules.

[CaptainTruth]

76. Thanks! It sounds like in some states a deposition can be used as testimony, but not all.

I was deposed in a case years ago. Sworn under oath, & it was video & audio recorded. It was certainly presented to me (& it was my understanding at the time) that the things I said could be considered testimony & potentially used in court if the case went to trial.

[whopis01]

87. That is not my experience having been deposed.

The rules, as they were explained to me, were that I could not confer with the attorney while a question was pending. The attorney could object to a question, however I still had to answer it. The only situation where I would not have to answer was if the attorney objected on the grounds of privilege.

The attorney was very limited as to what they could say when objecting even. They gave a general reason (privilege, already answered, compound question, etc.) but no more detail. In fact, I was instructed to pay careful attention to the reason he objected, because it could assist me with my answer. For example, if he objected because of a compound question, I should ask that it be broken into parts, or at least very explicitly state which part I am answering so there can't be any alternate interpretation of what I said.

My experiences were in California and Federal court. I don't know if this varies from state to state.

[Nevilledog]

88. Different from AZ state court.

My federal cases were civil rights actions and the attorneys were allowed to consult. It wasn't after every question, mind you, but there were some criminal charge possibilities so taking the 5th was an issue.

[treestar]

104. different but still testimony

and can be used in the trial.

wouldn't look good to consult before answering too much. OC will say "for the record witness is consulting lawyer"

[treestar]

103. It is testimony

and can be used at a trial for impeachment (if they say something inconsistent(

[sakabatou]

4. I wonder what will happen if they refuse.

Hopefully an arrest.

[monkeyman1]

19. contempt of court order & will be picked up & charged !

A hissy fit won't do any good !!!

[deelee]

22. Well, to date they and their cronies have ignored every subpoena

So my guess is......nothing will happen

[KS Toronado]

26. Care for a friendly little wager?

He's going down, he'll drag it out all he can, but he's going down.
Oh, and welcome to DU!

[secondwind]

32. Welcome to DU!

You will love it here!

[CrackityJones75]

41. Different from a congressional subpoena

[calimary]

74. Welcome to DU, deelee!

Well, what keeps my hopes alive is the old saying "all good things come to an end."

In this case, it would be "all those good things for trump come to an end."

If he dies before his number's up, his children won't have his "immunity" - nor have they the public profile that trump's used for public manipulation and perception management - for decades. Mind you, it's ALWAYS been HIM. NOT son #1, NOT son #2, and not even daughter who he's secretly coveted and hungered for, even while realizing even he probably couldn't push aside THAT boundary.

Seriously. His lust for self-gratification is a many-headed monster that he's cultivated over his whole lifetime.

[L. Coyote]

80. Adverse inference.

[spanone]

5. ...K&R...

[Blue Owl]

6. Gums has a lunch date with Jesus

[dalton99a]

7. Kick

[Botany]

42. Nice

n/t

[malaise]

8. Yeeeeeeeeeeeeeeeeeeeeeeeees!

Oh Happy Day

[Cozmo]

78. Hey Malaise, you called it right!

[malaise]

99. This one was easy

End of the line

[wnylib]

92. Yes, But many appeals are yet to come before

he actually has to give testimony in a deposition.

[malaise]

100. He will lose them all

Take that to the bank. 👍😀

[superpatriotman]

9. Not going to happen

I will not hold my breath.

[Girard442]

17. Nope.

Somebody has to spend some time in actual lockup to make this happen and I don't think anyone anywhere has the cojones to do that.

[ShazzieB]

61. Not even AG Letitia James?

If someone is taking bets, my money is on her, not the Orange One. She is NOT messing around, and I think she's prepared to do whatever it takes.

[wnylib]

93. What does lockup have to do with it?

He will appeal this all the way to the SC. I do not believe that the SC will give him a pass. So when the last appeal is exhausted, he and his spawn will have to give their depositions. At that point, if they refuse, jail time might come into it, but if he really wants to escape the deposition, he will have to leave the country or go into hiding.

AG Letitia James is NOT the kind of AG who let's someone off the hook. She investigated Cuomo of her own party! I just hope she has good security protection. The Orange menace and his mob are dangerous scum.

[Emile]

10. Will it be televised?

[erronis]

28. Not on fux! Everywhere else tho. The whole nation will be watching

except for those whose head is permanently embedded in their ass.

[birdographer]

64. So, all the MAGAts, right? n/t

[L. Coyote]

53. It will be private, with attorneys present to advise, challenge, etc.

The same parties may be called to testify at a trial.

[L. Coyote]

55. Which hunt!

Which one will fold first?

[JudyM]

97. Which witch?

[Emile]

56. I just want to see that lying POS under oath!

[L. Coyote]

98. I want to see him sitting silent in a courtroom, facing justice and the reality

that it is time to STFU.

[kentuck]

11. Oh, it must be politics?

That they would have to testify like everyone else in America.

[lagomorph777]

12. Ruh-roh.

Looking forward to him pleading the 5th (and seeing his comments about only gangsters pleading the 5th).

I think SCROTUS, despite their current depravity, has generally agreed that he has to cough up subpoenaed information. So I would guess they'll go along with the lower court when he goes whining to SCROTUS.

[Probatim]

27. He'll plead ignorance. This is CFO was responsible for all financial docs.

He never saw any of the paperwork and he only signed where he was told to. Never read any of it.

[lagomorph777]

33. He signed it. Judges and juries don't care whether he read it.

That's what a signature means.

[Probatim]

34. We know that, but it matters in the court of public opinion and on fox news.

He'll be crying about witch hunts and political retribution momentarily.

[lagomorph777]

35. He never stops whining about witch hunts.

Whatevs.

[fightforfreedom]

38. He did more than just sign documents.

He wrote notes on them with his sharpie. Notes that show he was well aware of what he was signing.

[Probatim]

40. That makes it all the better.

[asiliveandbreathe]

45. I do believe any tax form , at the bottom, YOU are responsible for the

information reported..

This statement appears just before YOU sign..

Under penalty of perjury, I declare I have examined this return, accompanying schedules and statements, and to the best of my knowledge and belief are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has knowledge -

Signature - tfg

[onecaliberal]

49. He came out with a statement saying he knows everything about his finances.

It was and will be used against him. He's the best witness against himself.

Still, I will believe consequences when I see them.

[malaise]

52. tHIS n/t

[Probatim]

94. I have never felt so optimistic - but I still realize nothing may happen.

[Grasswire2]

54. He has said that he reviewed everything Weisselberg prepared.

Was he lying then? Or will he be lying now?

[ShazzieB]

66. C. All of the above.

He's never not lying.

[fightforfreedom]

13. Great news, made my day.

[Midnight Writer]

14. Cue endless appeals.

[doc03]

18. +1

[Mike Nelson]

15. Hmm...

... my Prediction: They will refuse, negotiate, refuse, agree, back-out, negotiate, agree, get sick, negotiate, agree to lawyer questionnaires, lie, Lie, and LIE.

[getagrip_already]

63. they can do whatever they like.....

But unless a higher court stays the order, if they don't show up, a bench warrant will surely follow.

He doesn't get to argue over the order or how it is worded. He can only try to appeal.

[Emile]

16. They have 21 days to appear!

[SoonerPride]

21. They have 21 days to file an appeal.

It'll be at least 2 more years before he is deposed on this.

If ever.

Book mark this to prove me wrong should it happen sooner.

[Emile]

24. I heard they had 14 days to respond and 21 days to appear.

I know what you're saying, but I don't think this judge is willing to play games with the Trump Crime Family!

[SoonerPride]

25. We shall see.

I'm not holding my breath.

[SoonerPride]

109. Delay granted

https://www.dailymail.co.uk/news/article-10575395/New-York-AG-Letitia-James-agrees-DELAY-Trump-Ivanka-Don-Jrs-deposition-appeal.html

[obamanut2012]

31. You are incorrect

They have 21 days to appear.

[SoonerPride]

47. We'll see.

I would be they do not appear in 21 days.

[SoonerPride]

108. You can apologize to me now. Thanks.

They have appealed and James has let them delay.

Again.

https://www.dailymail.co.uk/news/article-10575395/New-York-AG-Letitia-James-agrees-DELAY-Trump-Ivanka-Don-Jrs-deposition-appeal.html

[SoonerPride]

107. Bumping this because of course I was right.

Trump and his family will never be deposed.

It'll be delay delay appeal appeal appeal delay.

[Tommymac]

91. 21 days to be deposed. Big difference.

and this is before the inevitable appeals. Several at the State and Federal levels.

I would suspect this may not be done before late spring/summer at the earliest.

TFG is playing his tried and true tactics of delay. Hoping that the midterms arrive before he has to do anything, and that the Rethugs win the Congress, more Governorships, and more state legislatures and AG offices.

Time is on his side, unfortunately. Our current legal process is not a 'quick' process by design. Unless you don't have the $$$ to afford to run out the clock.

[SoonerPride]

110. Delay granted

https://www.dailymail.co.uk/news/article-10575395/New-York-AG-Letitia-James-agrees-DELAY-Trump-Ivanka-Don-Jrs-deposition-appeal.html

They won't be deposed.

Stop hoping for that.

It ain't happening.

[bucolic_frolic]

20. Lawyers working feverishly on bone spurs exemption

Known as the heels exclusion.

[barbtries]

29. can they be arrested

when they don't show up? please say yes.

will they be? i sure hope so.

[getagrip_already]

65. the judge can issue a bench warrrant to force them to appear in court...

Depending on how they answer his questions, he can cite them for contempt. It's up to him what that means (fines, jail, both).

[barbtries]

70. yes, and i hope to see all that occur,

many years too late, but still.

[Botany]

30. Doesn't A.G. James has it set up if TFG doesn't show up she can put a lien on all his NY properties?

[calimary]

43. Oh PLEEEEEZE make it so!

You know that old saying “starve the beast”?

Well, yeah!

[Cha]

37. KR TY!

[andym]

39. TFG's new soon to be nickname: Donald "take the 5th" Trump nt.

[fightforfreedom]

44. Will Trump take the 5th? Maybe, but I doubt it because he thinks he is smarter than everybody.

If Trump does testify he will lie because he can't help it. He is a serial liar. Then he will be in more trouble.

[lindysalsagal]

48. "must answer questions under oath"

Former President Donald Trump must answer questions under oath in New York state’s civil investigation into his business practices, a judge ruled Thursday.

Judge Arthur Engoron ordered Trump and his two eldest children, Ivanka and Donald Trump Jr., to comply with subpoenas issued in December by New York Attorney General Letitia James.

Trump and his two children must sit for a deposition within 21 days, Engoron said.

"Under oath" is the game changer. You can lie to just about anyone any time, except a judge under oath. It's his lying about everything that ultimately will undo his house of cards.

[WestMichRad]

59. "I can't recall"

“I don’t remember that”
… and other phrases for not answering questions.

You don’t really think he’ll say anything of substance, do you?

[joshcryer]

86. "I can't recall, that was X's job."

He'll throw someone under the bus for sure.

[lindysalsagal]

90. But I assume they're got evidence to the contrary, and also, he's still responsible for

fraudulent statements, regardless of whether or not he remembers now.

[orangecrush]

50. Believe it when I see it.

Cautiously optimistic.

[nini]

60. I hope it's televised

Hell, Make it pay for view and make money to help the people of NY who have suffered because of that group.

[RayStar]

67. WOW

This makes me so happy. They walked around and talked like they were royalties.

[birdographer]

68. Think about what he says when he speaks

It's word salad time, it's lies and his justifications and witch hunt. He could get out "I plead the 5th" but anything that requires more than 20 words is going to be nonsensical and not an answer to any question. If it ever happens, it will be interesting.

[lpbk2713]

69. Trump is a criminal and a traitor.

Being a former president affords him no protection.

[llmart]

72. Time for him to play the dementia card.

Also, I've personally known a narcissist and he lied under oath in the courtroom. People like Trump have no compunction about lying under oath.

[ificandream]

73. Which is better ...

him and the spawn testifying or his accounting firm dumping him? Been a bad week for the Orange Maniac, hasn't it?

[LymphocyteLover]

75. woohoo!

[Joinfortmill]

82. The reckoning is coming.

[Aussie105]

83. Was there ever any doubt?

The Trump brigade of thieves are now ordinary citizens, and 'we used to be . . . ' doesn't excuse them from normal legal procedures.

Imagine:

Hillary or Obama drives down a road, speeding.
A cop pulls them over and writes them a ticket.

Would either go 'But you can't do that, I have special immunity! I used to be . . . ' etc.

No, I can't either. But the Trumps will try that line, every time, every day.

And this isn't just a speeding ticket they are trying to avoid, it's much bigger than that.

[BobTheSubgenius]

85. Why is Gums always left out?

I'm just assuming that the two children in question are Princess Sparklepants and the Cocaine Cowboy, not Gums.

[Hassler]

89. I wonder if idiot Eric realizes how lucky he is to be the dumb one?

No, he'll probably volunteer to testify.

[TeamProg]

95. Keep'em coming!

[brooklynite]

96. Eric has to stay in the car.....

[Kid Berwyn]

101. Bduh bduh bduh...That's all folks!

[bucolic_frolic]

102. Shifting blame will be the strategy

Blame Hillary and Mazars and NY State AG and Weisselberg and Cohen and hackers and foreign accountants and IRS audits and demands of job of being President and hotel night auditors and foreign banks and currency exchanges and real estate agents/appraisers and conspiracies and stock market fluctuations. All these things together shift constantly over time and make accurate fixed appraisals impossible, God couldn't know himself what values are, but I had to put down a number, so I picked the best, more reasonable number for taxpayers, indisputable numbers that no one could challenge or verify on the specific date they were made. Haven't you done that when you file your tax returns?

[BlueWavePsych]

106. Woohoo

[SoonerPride]

111. Breaking: nothing is happening. More delay.

But keep on dreaming.

https://www.dailymail.co.uk/news/article-10575395/New-York-AG-Letitia-James-agrees-DELAY-Trump-Ivanka-Don-Jrs-deposition-appeal.html