Good morning.
A hearing in @NewYorkStateAG's bid to compel the Trump Organization and Eric Trump to comply with investigatory subpoenas is about to begin.
I will be covering the proceedings for @CourthouseNews.
Background, from August: courthousenews.com/new-york-ag-le…
Dozens of attorneys are introducing themselves to the court reporter.
The judge has not yet arrived.
Standby.
New York State Supreme Court Justice Arthur Engoron has joined the call, and proceedings are about to begin.
Engoron notes that NYAG seeks to compel the respondents—Trump Org, Eric Trump and others—to be deposed.
Quoting Justice Oliver Wendell Holmes, Justice Engoron says: "Taxes are the price we pay for civilization."
He says the same is true of investigations, noting the principle of "every man's evidence."
The judge also noted that those being investigated also have certain rights.
These are all by way of introduction.
Up first for NYAG is Matthew Colangelo
Colangelo summarizes the attorney general’s monthslong probe. (previously known)
They have been investigating whether Trump and his business improperly inflated the president’s assets on annual financial statements to secure loans and obtain economic and tax benefits.
Colangelo notes that Eric Trump wants a two-month delay of his subpoena.
"There's just no reason, and Eric Trump's attorneys have not pointed to any authority. And we are not aware of any authority," allowing him to do that.
The typical period is five days, he notes.
Colangelo turns to the Trump Org, which he says is withholding dozens of records.
"Those documents fall into three categories."
The first is 42 records related to an easement for Seven Springs, a 212-acre mansion in Westchester.
Background: courthousenews.com/new-york-ag-le…
There are also records related to Ralph Mastromonaco, an engineer who performed services in connection with the Seven Springs development plan, Colangelo says.
Colangelo says the AG is also seeking documents related to Trump National Golf Club – Los Angeles and the 40 Wall Street property.
Colangelo: "These are narrow, targeted requests."
Colangelo:
“There are several thousand records in issue that are being withheld on a claim of attorney-client privilege or work product protection.”
NYAG does not believe those protections apply.
Colangelo addresses claim of privilege based on settlement secrecy.
Even if a higher standard for disclosure applied, Colangelo says, the NYAG's office would meet it.
Lawrence Rosen is up for parties being investigated by the NYAG.
He claims that his clients have been cooperating in good faith and the disputes are over dozens of documents of a much larger probe.
Rosen says that the settlement related to Trump's property in Bedminster in 2005.
Background on that—and why it may interest NYAG—here: wsj.com/articles/donal…
Attorney Amy Carlin is up from Morgan Lewis, a firm the NYAG has subpoenaed in connection with the Seven Springs side of the investigation.
Other Morgan Lewis attorneys Zane Memeger and Nathan Andrisani also took turns speaking as to possible privileges of subpoenas directed to them.
Matthew Colangelo from NYAG's office is back up, tackling claims over attorney-client privilege:
"The standards don't stop over whether the communications were internal or whether there was a communication with a client."
Up now is attorney Alan Futerfas representing Eric Trump:
"The facts as stated by Mr. Colangelo, we differ from them a little bit."
He said that questions the NYAG raised during Trump Org CEO Allen Weisselberg's deposition led to additional concerns.
"Mr. Mukasey and I need time to prepare Mr. Trump," Futerfas says, referring to his co-counsel.
He says that Eric Trump is busy on the campaign trail, working "just about 7 days a week, if not in fact 7 days a week."
Futerfas: "That's all we ask for. We think it is reasonable under the circumstances."
They want the deposition at any point after Nov. 3.
The conference has adjourned until 2:15 p.m., Eastern time.
More to come later in the day.
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