The Trump family pushed back on New York Attorney General Letitia James’ civil subpoenas by filing an appeal Monday to protect them from testifying, reported Business Insider. The appeal also argues James has shown “political bias” against Donald Trump and claims she has “entangled” these subpoenas into a criminal probe her office is conducting.
They have the right idea filing the appeal given everything they say in their testimonies can be used against them. According to Business Insider, the lawyer for Donald Trump, Ivanka Trump and Donald Trump Jr. recycled a lot of the arguments from their first subpoena in December 2021.
From Business Insider:
The appeal argues that James has demonstrated her political “bias” against Donald Trump through numerous “inappropriate” public threats to prosecute him and his New York real estate business.
“These subpoenas ... followed an extraordinary and unprecedented barrage of inappropriate public statements starting in 2018 made by then-candidate Letitia James and, later, elected Attorney General Letitia James,” the appeal states, “in which she promised and threatened investigation and prosecution of Donald J. Trump and those closest to him.”
The lawyers also argue that James’ use of a civil subpoena was strategic in granting her the ability to gather evidence from the Trumps without them being granted automatic immunity as they would in a criminal probe. They also argue that the judge who ordered the Trumps to comply with the subpoenas mistakenly cited federal law instead of state law suggesting they could invoke the Fifth Amendment and sit for dispositions, reported Business Insider.
The appeal’s main point is that they wish for the case to not be considered under federal law but under state law. “And we prove in this appeal beyond a reasonable doubt that the Attorney General was acting as a state prosecutor, with the District Attorney, and therefore this is subject to the statutory and constitutional laws of New York state,” said Ron Fishcetti, the Trump family lawyer, via Business Insider.