The one-page affidavit filed in court on Friday was Trump’s failed attempt to end civil disrespect and a $ 10,000 a day fine imposed on him earlier this week by New York State Judge Arthur Engoren.
“Mr. Trump’s personal affidavit is completely devoid of any useful details. In particular, it does not specify where he kept his files, how his files were stored in the ordinary course of business, who had access to such files, what, if any, the retention policy was for such files and, which is important, where he thinks such files are currently located, “he wrote. The judge also found the sworn statement by Trump’s lawyer unsatisfactory.
The judge had previously said that Trump could end disrespect if he complied with the subpoena, or he or his lawyers described in detail their efforts to search for documents sought with the subpoena. He called Trump’s lawyer’s previous response a “template”.
In an affidavit signed on April 27, Trump wrote: “As far as I know, (i) I do not have any of the documents requested in the December 1, 2021 subpoena in my possession.” He said all records would be in the possession of the Trump Organization and authorized them to comply with the summons. The former president is also appealing the order.
New York Attorney General Leticia James’s attorneys objected, writing in a letter to the judge: “Mr. Trump’s two-paragraph affidavit does not add useful information to the mix. Mr Trump simply stated at the top of his head, without a hint that he had carried out any kind of search, that there were no documents in response to the December 2021 summons in his “personal possession”.
They also said that the sworn testimony of Trump’s lawyers provided new information about their search, but “they are not enough to clear up the finding of disrespect.”
If, after the review is completed and new records are not restored, the Attorney General’s Office says it will assume that Trump has not kept records.
“It is simply not plausible that Mr. Trump is the author of only three documents relating to the value of his assets and his wealth,” they wrote.
The attorney general’s office said the additional files still needed to be searched by Trump’s lawyer or HaystackID, a third party hired to produce the documents, before they could be satisfied. These files include: all of Trump’s paper files in the Trump Tower or its off-site storage, all of Trump’s executive assistants’ paper files, all electronic devices, including cell phones and computers owned by Trump and his aides, and any property where Trump maintains a personal office or residence.
HaystackID will complete most of the review of the materials in the Trump Tower by May 6, the Attorney General’s Office said. They noted that Haystak had identified two cell phones belonging to Trump, but the Attorney General’s Office said because Trump reportedly used a smartphone, “he obviously has or must have had one or more other phones in the past that received for personal use. “
Investigators also challenged Trump’s lawyer, relying on previous searches by the Trump Organization’s lawyer in response to earlier summonses.
In an affidavit, Trump’s lawyer, Alina Haba, said she checked some of the records and went to Florida to talk to Trump himself. She said Trump did not have documents in his homes in Bedminster, New Jersey, or Mar-a-Lago, Florida.
This story has been updated with additional details.
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