Ivanka Trump’s inclusion as a witness in the New York civil fraud case against her father and adult brothers has raised questions about potential cooperation in the case. Legal experts suggest that calling Ivanka as a witness typically indicates some level of cooperation, as she was listed as a former Trump Organization affiliate and owner of Ivanka OPO LLC in the case, rather than as a defendant.
Jamie White, a Michigan-based attorney, stated to Newsweek that experienced prosecutors do not usually bring witnesses solely to exercise their Fifth Amendment right to remain silent. The fact that Ivanka was initially named as a defendant but is now called as a witness suggests that some form of cooperation may be at play.
White also noted that if Ivanka possesses information relevant to establishing damages in the case, her testimony could be valuable. While cooperation from the Trump family has not been a prominent feature of the case, her inclusion as a witness introduces a unique element into the proceedings.
Leticia James is potentially hoping for the best, and perhaps Ivanka might be cooperating to some level,” said White. “I don’t think it’s a frivolous subpoena. But we can’t rule out that Trump may have told his daughter, do what you’ve got to do.
“This is a unique turn of events, and as a general matter, we know experienced prosecutors do not bring people to be witnesses only for the purposes of having them take the 5th. The fact that she was originally a defendant and is now being called as a witness—that usually indicates some form of cooperation.
Maybe Trump has grown a soul, and has given his daughter the green light to tell the truth as she interprets it,” said White. “We’ve seen no indication of that kind of empathy from him previously, but it’s possible that’s part of the spectrum.
“The idea that they’re just calling her randomly, it would be unusual and a waste of prosecutors’ resources if she takes the 5th. That’s because there’s no jury to impress, no media to impress—they simply have to establish damages at this point in the proceedings. That’s the only real question, and she may have that information.”
The case, pursued by New York Attorney General Letitia James, alleges that former President Donald Trump and his sons were involved in a conspiracy to exaggerate Trump’s wealth by up to $2.2 billion to secure favorable loan terms and other business deals. Trump and his sons deny any wrongdoing, and Trump has characterized the case as politically motivated.
The recent ruling by Justice Arthur Engoron found Trump, his adult sons, and several Trump Organization entities liable for fraud and ordered the stripping of The Trump Organization’s license, impacting its operations in New York.
