New York A.G. To Subpoena Donald Trump: Report
By Jason Hall
December 9, 2021
New York State Attorney General Letitia James will reportedly subpoena former President Donald Trump to testify under oath in a civil fraud investigation, two people with knowledge of the situation confirmed to the New York Times on Wednesday (December 9).
James is seeking to question Trump as part of her civil inquiry into his business practices amid her participation in a separate criminal investigation into the former president and his family business led by Manhattan District Attorney Cyrus R. Vance Jr.
The report comes amid James' announcement that she's suspended her campaign for governor on Thursday in order to "finish the job" at her current position.
“I have come to the conclusion that I must continue my work as attorney general,” James, a Democrat, said in a statement obtained by the Associated Press. “There are a number of important investigations and cases that are underway, and I intend to finish the job. I am running for re-election to complete the work New Yorkers elected me to do.”
James could file a lawsuit against Trump if she finds evidence of wrongdoing, but would be unable to file criminal charges against the former president, the Times reports.
Trump could, however, refuse to sit for a deposition once he's formally subpoenaed because the two investigations overlap, with lawyers arguing that his testimony would be unfairly used against him in the criminal investigation as a violation of his constitutional right against self-incrimination, the Times reports.
The Washington Times initially reported James' intention to subpoena Trump last month.