NEW YORK (AP) — In a court appeal, a lawyer for Donald Trump said Monday it’s “unconscionable and indefensible” for the ex-president to be held in contempt and fined $10,000 a day for failing to show over documents he doesn’t possess.
Attorney Alina Habba made the argument in a submission to a Latest York state appeals court requesting that the contempt order and advantageous be suspended until the challenge may be heard by appeals judges.
The arguments were submitted every week after State Supreme Court Judge Arthur Engoron in Manhattan said Trump and his lawyers had failed to indicate they conducted a correct seek for records sought by Latest York Attorney General Letitia James, a Democrat, in a civil probe of his business dealings.
James had asked the court to carry Trump in contempt after he failed to supply any documents to satisfy a March 31 deadline to satisfy the terms of the subpoena. She has said her investigation has found evidence that Trump could have misstated the worth of assets like skyscrapers and golf courses on financial statements for over a decade.
Trump, a Republican, has been fighting James in court over her investigation, which he has called a politically motivated “witch hunt.”
Habba told Engoron every week ago that she met with Trump to make sure he had no records and there have been none to be found. On Friday, she submitted additional documents explaining the document search, including an affidavit through which Trump claimed he has no documents. Engoron criticized the affidavit as lacking intimately.
In Monday’s written arguments submitted to the appellate division of the state’s trial court, Habba wrote that the day by day advantageous “is just not only unwarranted, additionally it is patently improper and impermissible by law.”
She said Trump and his representatives had performed a “diligent, thorough and comprehensive search” for all the things sought within the subpoena and provided complete and accurate responses to the attorney general. She said the extra submissions last week amounted to “extraordinary efforts to comply.”
“Given these circumstances, it’s unconscionable and indefensible for Appellant to be held in contempt in any manner, must less on the inordinate expense of $10,000 per day,” she said.
The written submission Monday got here after Habba notified the appeals court last week that she was appealing. Trump can be appealing Engoron’s Feb. 17 ruling requiring him to reply questions under oath. Oral arguments in that appeal are scheduled for May 11.
A message in search of comment from the attorney general’s office was not immediately returned.
Associated Press Author Michael R. Sisak contributed to this story.
