San Antonio Express-News

Trump says he doesn’t have requested records

- By Michael R. Sisak

NEW YORK — Donald Trump’s lawyers, seeking to reverse their client’s $10,000-perday contempt fine, provided a judge here Friday with an affidavit in which the former president says he didn’t turn over subpoenaed documents to the state attorney general’s office because he doesn’t have them.

The judge, though, was unmoved and refused to lift sanctions he imposed on Trump on Monday. Judge Arthur Engoron criticized the lack of detail in Trump’s affidavit, which amounted to two paragraphs, saying he should have explained the methods he uses to stores his records and efforts he made to locate the subpoenaed files.

In the affidavit, which bore Trump’s signature and Wednesday’s date, the former president said documents sought in Attorney General Letitia James’ civil investigat­ion into his business dealings weren’t in his personal possession. Trump, who is appealing the contempt ruling, said he believed any documents would be in the possession of his company, the Trump Organizati­on.

In other affidavits, Trump lawyers Alina Habba and Michael

Madaio detailed steps they took to locate documents in the Dec. 1 subpoena, including meeting with Trump last month at Mar-a-lago in Florida and reviewing prior searches of his company’s files.

Andrew Amer, a lawyer for the attorney general’s office, said in a court filing that while the affidavits “provide some additional informatio­n” about Trump’s efforts to comply with the subpoena, more extensive searches were needed — including of Trump Tower, his residences and electronic devices — before the judge should consider reversing the contempt finding.

Habba filed a notice of appeal Wednesday with the appellate division of the state’s trial court seeking to overturn Engoron’s contempt ruling. Trump is also challengin­g a Feb. 17 ruling by Engoron requiring that he answer questions under oath. Oral arguments in that appeal are scheduled for May 11.

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