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In the final decision, Judge Arthur Engoron wrote, “In the final analysis, a State Attorney General commences investigating a business entity, uncovers copious evidence of possible financial fraud, and wants to question, under oath, several of the entities’ principals, including its namesake. She has the clear right to do so.”
Engoron made the point that even when the three testify, they are within their rights to refuse to answer questions, and he referenced the fact that Eric Trump, who testified in the investigation in October, pleaded the fifth over 500 times (via CNN).
The argument from Trump’s attorney Ronald Fischetti in response to taking the fifth amendment option was “that’ll be on every front page in the newspaper in the world” (per ABC News). And if there was ever a criminal grand jury investigation, Fischetti said it would make it impossible to get a jury in the case of a potential criminal grand jury investigation.
During the two hour hearing on whether they’d need to provide depositions, Trump’s lawyers got so worked up that the judge called for “time-outs” by putting their hands in a T, like you’d see at a sporting event, to allow for a moment to calm down (per The New York Times).
