Eric Trump speaks in Portsmouth, NH on September 17, 2020. Eric Trump, son of President Donald Trump, stops over in Portsmouth during a stop on his Make America Great Again! Trip.
Erin Clark | Boston Globe | Getty Images
Eric Trump must testify in response to a subpoena by the New York Attorney General ahead of the presidential election as part of an investigation into President Donald Trump's company, a judge ordered on Wednesday.
Eric Trump, who is the middle son of the president and a senior executive of the Trump organization, is due to testify no later than October 7, Judge Arthur Engoron ruled after a hearing in the Manhattan Supreme Court at which Trump's attorneys asked for his Postpone removal until then The choice.
Engoron noted, "Mr Trump does not cite any authority in support of his motion and in any event neither the petitioner nor this court are bound by the national election deadlines."
Attorney General Letitia James is investigating whether the New York-based Trump Organization improperly increased the values of several properties in financial statements that were used to obtain loans and obtain economic and tax benefits related to those properties.
James filed a suit with the court for Eric Trump's compliance with the subpoena last month after she said he had declined an agreement to testify earlier that summer.
James also tried enforcing subpoenas in order to obtain records and testimonials regarding several Trump properties.
Eric Trump's attorneys later said he was ready to be ousted as part of James' investigation into the Trump organization, but only after the competition between President Trump and Democratic candidate Joe Biden on Nov. 3.
Attorneys for the AG's office argued to the judge on Wednesday that Eric Trump had no right to postpone a subpoena for his testimony as part of an ongoing investigation.
"We just can't delay compliance for another two months," one of those lawyers, Matthew Colangelo, said during a videoconference outside Engoron.
"Mr. [Eric] Trump is requesting an additional two-month delay … until mid-November in response to a subpoena served in May that the parties set a date to attend in early June." Said Colangelo.
"Mr. Trump shouldn't be able to benefit from his own dilatation behavior here."
President Donald Trump answers questions from the news media in the Oval Office of the White House in Washington on September 11, 2019.
Leah Millis | Reuters
Engoron later noted: "Mr. Trump is now waiving any objection to his removal, but is trying to postpone his removal until after election day, November 3, 2020.""
"This court does not find this request convincing," said Engoron. "Accordingly, this court hereby orders that Eric Trump appears for his deposit no later than October 7, 2020."
James launched the Trump Organization investigation last year after President Trump's former personal attorney Michael Cohen increased the value of Trump's assets to favorable terms on credit and insurance during testimony before Congress in the President's financial statements to obtain.
One of the assets James has in mind is Seven Springs Estate, a 212 acre property in Westchester County, New York.
Court records determine that Seven Springs' valuations were used to seek an apparent tax deduction of more than $ 21 million based on a property conservation donation.
The Financial Times noted last year that Trump bought Seven Springs for $ 7.5 million in 1996 but was worth more than $ 290 million in 2012 from brokers and appraisers.
James & # 39; office also says it is examining a Trump building on 40 Wall Street in Manhattan, the Trump International Hotel and the Chicago Tower Trump National Golf Club – Los Angeles.
James' civil investigation is different from the criminal investigation of Manhattan District Attorney Cyrus Vance Jr.
President Trump is fighting a final legal effort to block a grand jury subpoena issued as part of the Vance investigation that has required Trump's income tax return and other financial records from the president's accountants for eight years.
Vance's office said in a federal appeals court earlier this week that the subpoena was more than justified by news reports that raised the prospect that Trump and his company had misrepresented the values of their commercial properties at different times.
The files state that a number of crimes could be committed in this case, including tax-related crimes.