Ivanka Trump has asked a Manhattan judge to throw out a subpoena seeking to compel her testimony in her father’s civil fraud trial, saying she is no longer a defendant in the case — or a resident of New York City.
Filed on Thursday, the former president’s daughter’s motion said an intermediate appeals court dismissed her as a co-defendant under the statute of limitations last June. New York State Attorney General Letitia James did not deport Ivanka Trump, who is now, like her father, a full-time resident of Florida.
“Trial subpoenas are not a way for the parties to obtain discovery, which they did not obtain during the pre-trial proceedings,” Ivanka Trump’s lawyer, Bennet Moskowitz, wrote in the 12-page filing.
“The NYAG, which never fired Ms. Trump, effectively tried to force her back into this case where she was dismissed by a unanimous decision of the Appellate Division, First Department. Ms. Trump is not a party to this case. action. Nor is Ms. Trump a resident of New York. It is black letter law that, given both facts, Ms. Trump has no jurisdiction in this Court,” Moskowitz added.
Trial testimony and evidence explored Ivanka Trump’s penthouse on her father’s Trump Park Avenue property, formerly a historic hotel.
In 2011, Ivanka Trump signed a lease agreement with an option to buy a penthouse in the property, and she reportedly admitted in a book that “she did not benefit from an insider price.” The attorney general says that’s not true. He had an option to buy the penthouse for $8.5 million, but the Trump Organization’s financial statements valued the unit at $20,820,000, more than double the value, the AG said.