Eric Trump says he will comply with New York AG’s subpoena only after Election Day

Lawyers for Eric Trump said the president’s son is willing to comply with a subpoena issued by New York Attorney General Letitia James (D), but only after the upcoming presidential election to avoid “any appearance of politicizing” the process, according to a Thursday court filing. 

Eric Trump’s attorneys wrote in a filing Thursday that they have “made it clear that he is willing to appear” and provided four available dates after the Nov. 3 election. 

They wrote that they are requesting dates after the election because of Eric Trump’s “extreme travel schedule and related unavailability,” as well as to “avoid the use of his deposition attendance for political purposes.”  

“In this regard we note that the OAG investigation has been ongoing for approximately 18 months, and that additional examinations are scheduled in october 2020 for certain other individuals,” the filing states, adding that they proposed dates two weeks after Election Day. 

“Given all the circumstances and the fact that counsel’s requested dates are, for all practical purposes, just 30 days after other scheduled depositions, and given the importance of avoiding any appearance of politicizing the investigatory process, we respectfully submit that the proposed dates are reasonable,” the filing continued. 

James asked a judge to force Eric Trump and the Trump Organization to comply with subpoenas last month as part of her office’s investigation into whether President Trump illegally inflated his assets to attract investors and earn loans. 

In response to the Thursday filing, James said “no one is above the law, period.”

“While we cannot comment on the particular steps we’re taking on specific litigation, we won’t allow any entity or individual to dictate how our investigation will proceed or allow anyone to evade a lawful subpoena,” the attorney general said in a statement. 

James accused Eric Trump last month of refusing to comply with a subpoena for his testimony and alleged that the Trump Organization and its lawyers are improperly invoking attorney-client privilege to shield thousands of documents from investigators. 

Lawyers representing Eric Trump and the Trump Organization pushed back on James’s argument, writing in the Thursday filing that the client is properly asserting the attorney-client privilege. 

The New York attorney general opened the investigation in March 2019, after President Trump’s former attorney Michael Cohen testified to Congress that the president had altered the value of his assets in financial statements in order to get loans, better insurance rates and tax breaks.