Court Rejects Ivanka Trump’s Appeal to Avoid Testifying in NY Fraud Case

Court Rejects Ivanka Trump’s Appeal to Avoid Testifying in NY Fraud Case
Ivanka Trump, first daughter and senior adviser to President Donald Trump, listens during a roundtable in the State Dining Room of the White House on May 18, 2020. Doug Mills - Pool/Getty Images
Catherine Yang
Updated:
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An appeals court rejected Ivanka Trump’s request to not testify in the civil fraud trial against her father and brothers on Thursday night. She had been ordered to do so on Nov. 1 after a hearing before New York Supreme Court Justice Arthur Engoron regarding her subpoena from state attorneys even after she was dismissed from the case as a defendant.

“This appeal is taken from each and every part of the Order insofar as it applies to Ms. Trump,” read the appeal, filed by her attorney, Bennet Moskowitz.

Mr. Moskowitz had argued in the court hearing that Ms. Trump doesn’t transact business at Trump Tower, contrary to her subpoena, and New York is no longer her primary residence.

“Since 2017, she’s been there once or twice a year, never for business, to say hello, to people including family members for 15 minutes, 30 minutes, things like that.

“So there is no basis to say a service on an entity at Trump Tower is service on her individually. That’s just wrong,” he said, according to a transcript of the hearing.

Justice Engoron denied the motion, ordering Ms. Trump to appear in person for testimony but scheduling her appearance later than her brothers’ so that the decision could be appealed.

“Plaintiff’s papers make abundantly clear documentary evidence that Ms. Trump owns property in New York and has done business in New York,” he said.

If she testifies, it will be on Nov. 8, after her father’s testimony—which is expected on Nov. 6 and possibly will continue into a second day.

On Nov. 1, her father, former President Donald Trump, blasted the judge for the order.

“Leave my children alone, Engoron. You are a disgrace to the legal profession!” he wrote on Truth Social.

Case

Her brother Donald Trump Jr. took the witness stand on Nov. 1, and will continue to testify on Nov. 2. Eric Trump will testify next.