Judge rejects Trump’s affidavit saying he does not have documents sought by New York’s legal professional general
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The one-page signed affidavit filed with the court Friday was Trump's unsuccessful try to end the civil contempt and every day high quality of $10,000 per day imposed on him earlier this week by New York state Decide Arthur Engoron.
"Mr. Trump's private affidavit is completely devoid of any helpful detail. Notably, it fails to state where he saved his recordsdata, how his files had been saved within the regular course of business, who had access to such recordsdata, what, if any, the retention policy was for such information, and, importantly, the place he believes such files are currently located," he wrote. The decide additionally discovered the sworn assertion from Trump's attorney unsatisfactory.
The choose beforehand mentioned Trump could end the contempt if he complied with the subpoena or him or his attorneys detailed their efforts to search for paperwork sought by the subpoena. He referred to as Trump's lawyer's earlier response "boilerplate."
In the sworn assertion signed April 27, Trump wrote, "To one of the best of my data, (i) I do not have any of the documents requested in the subpoena dated December 1, 2021 in my private possession." He mentioned any information would be within the possession of the Trump Group and he has licensed them to comply with the subpoena. The former President has additionally appealed that order.
Legal professionals with New York Legal professional Normal Letitia James objected, writing in a letter to the decide, "Mr. Trump's two-paragraph affidavit adds no helpful info to the mix. Mr. Trump merely states off the top of his head, with no trace that he performed any sort of search, that he has no paperwork in response to the December 2021 subpoena in his 'personal possession.'"They also said affidavits from Trump's attorneys present some new details about their search, however "they're inadequate to purge the finding of contempt."
If after the overview is full and if no new records are recovered, the lawyer general's office stated it might recommend that Trump didn't protect data.
"It is simply not believable that Mr. Trump authored only three documents coping with the worth of his property and his wealth," they wrote.
The legal professional common's workplace said extra files still should be searched by Trump's lawyer or HaystackID, the third-party firm hired for document manufacturing, earlier than they would be glad. Among those information: all of Trump's exhausting copy files in Trump Tower or its off-site storage, all the paper recordsdata of Trump's govt assistants, all digital gadgets, together with cell telephones and computer systems, belonging to Trump and his assistants, and every property where Trump maintains a personal workplace or residence.
HaystackID will complete many of the evaluate of supplies at Trump Tower by May 6, the lawyer normal's office said. They famous that Haystack identified two flip cellphones belonging to Trump but the legal professional common's workplace mentioned since Trump reportedly used a smartphone "he apparently has, or will need to have had previously, a number of other phones that he obtained for personal use."
As well as, investigators took concern with Trump's lawyer relying on previous searches carried out by the Trump Group's lawyer in response to earlier subpoenas.
In a sworn affidavit, Trump's legal professional Alina Habba, mentioned she had checked some of the information and had gone to Florida to talk with Trump himself. She stated Trump did not have an paperwork at his properties in Bedminster, New Jersey, or Mar-a-Lago, Florida.
This story has been updated with additional details.