A New York appellate court dealt Donald Trump another blow Thursday when it ruled that the former president and his daughter must sit for sworn depositions in the New York’s civil fraud investigation into the family business. New York State Attorney General Letitia James subpoenaed Donald and Ivanka Trump back in December, but Trumps’ attorneys argued that the they shouldn’t have to because, they said, James’ whole investigation was baseless and politically motivated. Arthur Engoron, the lower court judge handling the case, disagreed, writing in his decision that there was actually “copious evidence” that the Trumps might have committed fraud and no evidence that James’ probe was motivated by an improper political bias.
In Thursday’s ruling, four appellate judges from the New York Supreme Court’s First Department agreed with Engoron’s assessment, writing that the Trumps presented no evidence of politically motivated persecution or selective prosecution.
During oral arguments back in February, the Trumps’ attorneys seemed far more focused on appealing to public perception than on convincing Engoron. At one point, Alina Habba, Donald Trump’s personal attorney in the case, complained that James refused to go after Trump’s 2016 presidential rival.
“Are you going to go after Hillary Clinton for what she’s doing to my client, that she spied at Trump Tower in your state?” Habba demanded to know. “Are you going to look into her business dealings?”
In his own public statements, Trump has complained that James, who is Black, is one of several “radical, vicious, racist prosecutors” investigating him. In court, Habba claimed the investigation was about “viewpoint discrimination,” but the appellate judges were thoroughly unconvinced. To successfully make the argument that you are being illegally singled out for investigation, you have to show that someone else is not being investigated for a similar offense when they should be, and the judicial panel concluded—arguments about Hillary Clinton aside—that the Trumps “have not identified any similarly implicated corporation that was not investigated or any executives of such a corporation who were not deposed.”