One of the most anticipated events in the ongoing civil fraud trial against former president Donald Trump and his family is the testimony of his children, Don Jr., Eric and Ivanka.
The case, which seeks $250 million from the Trump family and a ban on their business operations in New York, has already found Trump and his sons Donald Jr. and Eric guilty of financial fraud. The three men are also scheduled to testify this week, along with Trump’s former lawyer Michael Cohen, who has turned against his former boss and cooperated with the prosecution. This trial, like every other that Donald Trump is involved in, has been marked by controversy, as Trump has persistently attacked the judge, the clerk and the attorney general, calling the case a “witch-hunt” and repeatedly violating a gag order. The trial could have serious consequences for the future of Trump’s real estate empire and his political ambitions.
What can we expect from his sons’ and daughter’s testimony?
Donald Trump Jr., slated to testify on Wednesday, November 1, is an executive vice president at the Trump Organization and a trustee of the revocable trust that holds his father’s assets. He is accused of being involved in producing and approving false statements of financial condition that were given to banks, insurers and others to secure loans and make deals. He is also accused of being involved in several transactions that are at the center of the case, such as the financing and development of Trump International Hotel & Tower in Chicago and Trump International Golf Links in Scotland.
Eric Trump is slated to take the stand Thursday, but could testify sooner if his brother’s testimony lasts less than a day.
He may face questions about his role in running the company’s operations and overseeing some of the properties that are under scrutiny, such as the Seven Springs estate in Westchester County. He may also be asked about his involvement in the revocable trust that his father set up to hold the company’s assets when he became president. Eric Trump, like the rest of his family, has denied any wrongdoing and has accused New York AG Letitia James of conducting a political witch-hunt against his family.
He has also expressed support for his father on social media and criticized the judge and the court staff involved in the trial. It is unclear whether he will invoke his Fifth Amendment right against self-incrimination, as he did hundreds of times in his pre-trial deposition. If he does, the judge may draw an adverse inference from his silence. His testimony could have significant implications for the future of the Trump Organization.
According to the attorney general’s complaint, “Eric Trump and the Trump Organization knew that the development projections were not feasible and that they did not have the approvals necessary to support such a development.”
At the time of the valuations, appraiser David McArdle said in an email that Eric Trump had “lofty ideas on value” about one golf course in particular, including that its quality and amenities were far better than specific other properties. McArdle settled on a $45 million value, but then was instructed by Eric Trump to hold off on sending the appraisal. Later valuations of the golf course in Trump financial statements sometimes topped $100 million, according to the attorney general.
Ivanka Trump, who was initially removed as a defendant in the case but later subpoenaed by the New York attorney general, fought her subpoena but Judge Engoron refused to quash it. In her case there is less clarity about the possible questions she may have to answer. She is expected to testify on Nov. 8, unless an appeals court rules otherwise, about her role in the Trump Organization and her involvement in inflating the value of their properties to obtain favorable loans and insurance coverage.
Judge Engoron said the former president’s daughter still has many business interests, some of which are involved in the current trial. “Ms. Trump has clearly availed herself of the privilege of doing business in New York,” Engoron said in a ruling.
