A judge ruled Thursday that former President Donald Trump and his two eldest children, Ivanka and Donald Trump Jr., must testify under oath in a New York civil investigation into his business practices.
"In the final analysis, a State Attorney General commences investigating a business entity, uncovers copious evidence of possible financial fraud, and wants to question, under oath, several of the entities’ principals, including its namesake," Judge Arthur Engoron wrote in his ruling. "She has the clear right to do so."
Engoron ruled that the the former president and his two children must comply with subpoenas issued by New York attorney general Letitia James and ordered them to sit for a deposition within 21 days.
"Today, a court ruled in our favor that Donald Trump must appear before my office as part of our investigation into his financial dealings," James wrote on Twitter.
"No one will be permitted to stand in the way of the pursuit of justice, no matter how powerful they are," she added.
James said her investigation has uncovered evidence Trump’s company used “fraudulent or misleading” valuations of assets like golf courses and skyscrapers to get loans and tax benefits.
Trump has not yet commented on Thursday's ruling, but has previously called James' investigation a politically motivated "witch hunt" and railed against the probe. On Tuesday, he called it a "sham investigation of a great company that has done a spectacular job for New York and beyond" and a "continuation of a Witch Hunt the likes of which has never been seen in this Country before."
Trump’s attorneys told the judge during a hearing Thursday that having him sit for a civil deposition now, while his company is also the subject of a parallel criminal investigation, is an improper attempt to get around a state law barring prosecutors from calling someone to testify before a criminal grand jury without giving them immunity.
"If she wants sworn testimony from my client, he’s entitled to immunity," Ronald Fischetti, an attorney for Trump, said. "He gets immunity for what he says, or he says nothing."
Alina Habba, another Trump attorney accused James of trying to use the civil investigation to gather evidence for the criminal probe, claiming that the civil investigation should be stayed until the criminal matter is over.
Habba claimed that James’ office is putting the Trumps “in a position where they either disclose evidence in a civil investigation or they have to invoke the constitutional right not to testify, thereby triggering an adverse inference in the civil action.”
If Trump were to testify in the civil probe, anything he says could be used against him in the criminal investigation being overseen by the Manhattan district attorney’s office.
Trump's other adult son, Eric Trump, and Allen Weisselberg, the Trump Organization's CEO, have previously sat for depositions in the investigation and invoked their Fifth Amendment rights to stay silent.
Last summer, spurred by evidence uncovered in James’ civil investigation, the Manhattan district attorney’s office charged Weisselberg and the Trump Organization with tax fraud, alleging he collected more than $1.7 million in off-the-books compensation. Weisselberg and the company have pleaded not guilty.
The former president is almost certainly expected to appeal the decision.
The Associated Press contributed to this report.