Ivanka Trump will have to give evidence in the civil fraud case against her father, her brothers and the family business, a judge has ruled.
The ruling came weeks into the trial of New York attorney general Letitia James’ lawsuit against former president Donald Trump, sons Don Jr and Eric, the Trump Organisation and some executives. Donald Trump is set to give evidence on Monday November 6.
After Ivanka Trump was dismissed from the case months ago, lawyers for her and the defence contended that she should not have to give evidence, noting that she moved out of New York and stepped away from her Trump Organisation job in 2017.
The state’s lawyers argued that the former Trump Organisation executive vice president has relevant information.
Judge Arthur Engoron sided with the state, citing documents showing that Ms Trump has ownership or management ties to some businesses in New York and still owns Manhattan apartments.
“Ms Trump has clearly availed herself of the privilege of doing business in New York,” Judge Engoron said. He said her testimony would not be scheduled before November 1, to give her lawyers time to appeal.
Ms James’ lawsuit accuses the former president of overstating his wealth for years on financial statements that were given to banks, insurers and others to help secure loans and deals.
The defendants deny the allegations. Donald Trump, the current Republican 2024 presidential front-runner, has called the trial a politically motivated “sham”.
The ex-president and his sons are expected to testify at some point. In a surprise preview, the elder Trump ended up briefly on the witness stand on Wednesday to answer Judge Engoron’s questions about an out-of-court comment.
Ivanka Trump’s lawyer told the judge on Friday that state lawyers had no legal basis to make her testify.
“At the end of the day, your honour, they just don’t have jurisdiction over her,” said the attorney, Bennet Moskowitz.
A state appeals court in June dismissed the claims against her as too old.
Ms Trump announced in January 2017, ahead of her father’s inauguration, that she was stepping away from her Trump Organisation job. She soon became an unpaid senior adviser in the Trump White House. After her father’s term ended, she moved to Florida.
“The idea that somehow Ms Trump is under the control of the Trump Organisation or any of the defendants, her father – anyone who has raised a daughter past the age of 13 knows that they’re not under their control,” said Christopher Kise, a lawyer for the ex-president.
Mr Kise maintained that state lawyers “just want another free-for-all on another of President Trump’s children.”
State lawyers, however, argued that Ms Trump was a key participant in some events discussed in the case and remains financially and professionally intertwined with the family business and its leaders.
“She is 100% someone who can come in and testify,” said Kevin Wallace, a lawyer for the attorney general’s office.
