Trump's kids – Don Jr., Eric and Ivanka – to testify at New York fraud trial. What to expect.

  • Oops!
    Something went wrong.
    Please try again later.
  • Oops!
    Something went wrong.
    Please try again later.
  • Oops!
    Something went wrong.
    Please try again later.
  • Oops!
    Something went wrong.
    Please try again later.

NEW YORK − They were high-profile figures when their father was president and have been more low-key since he left the White House – until now. Three of Donald Trump's adult children are back in focus, as they prepare to take the witness stand at the Trump real estate fraud trial.

During the next eight days, Trump and three of his children are slated to testify in the New York civil case, defending themselves against claims that they inflated the value of their properties to obtain favorable loans and insurance coverage.

The Trumps do not face the prospect of prison, since it is a civil case, not a criminal probe. But they could get hit with millions of dollars in fines and be forced to liquidate their iconic Trump Organization.

The testimony this week is a warm-up act of sorts. On Monday, Trump himself is scheduled to take the stand.

Donald Trump at the fraud trial Oct. 24
Donald Trump at the fraud trial Oct. 24

Donald Jr., Eric and Ivanka: What were their roles in the business?

New York Attorney General Letitia James, who sued Trump and his family members last year, subpoenaed Donald Trump Jr., Eric Trump, and Ivanka Trump to testify about their business practices.

"As high-level employees of the Trump Organization, all three Trump children have information that could shed light on the valuation of properties at the heart of the case," said Barb McQuade a former federal prosecutor and law professor at the University of Michigan.

McQuade said the children "are being called to testify not because of their relationship to Trump but because of their roles in the business."

The Trump family schedule

Donald Trump Jr. is scheduled to be called to the witness stand on Wednesday, followed by Eric Trump.

The senior Trump – the former president – is scheduled to face a courtroom grilling on Monday.

Ivanka Trump, who failed to have her subpoena quashed, is set to testify on Nov. 8.

That same day, her father is hosting a political rally in Hialeah, Florida., opposing the third Republican presidential debate in Miami.

A damages trial

New York Supreme Court Judge Arthur Engoron has already ruled in favor of most of the claims against Trump, saying in late September that Trump committed fraud when he submitted inflated financial statements to banks and insurance companies.

While a few of the claims are not resolved, most of the current trial is devoted to assessing financial damages.

James is seeking $250 million from the Trump family. The Attorney General's Office also wants to ban the Trumps from ever operating again in New York state.

Donald Trump, Jr. and Michael Cohen

In a Monday interview with Newsmax, Donald Trump Jr. described the case as “yet another sham” against his father, who is also facing up to four criminal trials in the campaign year 2024.

Trump Jr., focused his latest criticism on his father’s former lawyer Michael Cohen, describing him as the state’s “star witness,” despite having previously been caught lying.

“It shows you what happens when you’re in a kangaroo court,” he said. “They have a narrative, they have an end goal, and they’ll do whatever it takes to get there.”

Trump Jr. will likely be questioned about his work on property development and commercial leasing. For example, state attorneys could ask him about a $292 million valuation of unsold residential units on Trump Park Avenue in 2011 and 2012 financial statements.

Bane of his existence, and 'lofty' ideas of real estate values

That valuation was about six times higher than an appraised value from 2010. It also didn’t take into account that rent-stabilized units couldn’t be marketed for sale as individual units because current tenants couldn’t be forced to leave, according to the attorney general’s complaint.

The attorney general has pointed to previous testimony from Trump Jr. that the rent-stabilized tenants were “the bane” of his existence “for quite some time.” That shows the Trump Organization was “well aware” of the restrictions, per the complaint.

Eric Trump's 'lofty ideas on value'

Eric Trump is slated to take the stand Thursday, but could testify sooner if his brother’s testimony lasts less than a day.

Eric will likely be questioned about his involvement in the Trump Organization’s golf courses and property valuation. Testimony and documents already presented at the trial have suggested he was actively involved in appraisals, even though he has said he doesn’t remember them, according to the Associated Press.

Specifically, Trump’s companies wanted appraisals of what the Trump National Golf Club and an estate would be worth if they were developed, as they looked into claiming a tax break for money they would be giving up by restricting development on the properties.

“Eric Trump and the Trump Organization knew that the development projections were not feasible and that they did not have the approvals necessary to support such a development,” according to the attorney general’s complaint.

At the time of the valuations, appraiser David McArdle said in an email that Eric Trump had “lofty ideas on value” about one golf course, in particular, including that its quality and amenities were far better than specific other properties.

McArdle settled on a $45 million value but then was instructed by Eric Trump to hold off on sending the appraisal. Later valuations of the golf course in Trump financial statements sometimes topped $100 million, according to the attorney general.

Taking the Fifth?

One thing to look for: Will any of the Trumps invoke their Fifth Amendment right against self-incrimination?

"If they are asked questions that could demonstrate an intent to defraud, then they would be exposing themselves to potential criminal liability," McQuade said.

At one time, the Manhattan district attorney's office investigated Trump's financial statements as a criminal matter. A grand jury wound up indicting Trump on other charges, including an intent to violate campaign finance laws through the payment of hush money.

During a deposition last year for the civil case, Trump invoked the Fifth Amendment more than 440 times. Trump later said he did so because he and his family had become "targets" of James' office.

"When your family, your company and all the people in your orbit have become the targets of an unfounded, politically motivated Witch Hunt supported by lawyers, prosecutors and the Fake News Media, you have no choice," Trump said at the time.

Ivanka Trump's business

James' office initially included Trump's daughter in the lawsuit. But an appeals court dismissed her from the case, ruling that her alleged actions took place too long ago, beyond the statute of limitations.

Ivanka Trump fought her subpoena, but Engoron refused to quash it. He said the former president's daughter still has many business interests, some of which are involved in the current trial.

“Ms. Trump has clearly availed herself of the privilege of doing business in New York,” Engoron said in a ruling.

As Trump campaigns for his second term in the White House, Ivanka said late last year that she would not participate in her father's 2024 presidential campaign. Donald Trump Jr. and Eric Trump have often spoken out on their father's behalf.

Trump's courthouse strategy

Donald Trump, who has held a series of impromptu news conferences in the courthouse hallway throughout the trial, has without evidence denounced the entire proceeding as politically motivated.

He is likely to take that attitude to the witness stand, as observers watch to see if he again violates a gag order prohibiting him from attacks on court personnel.

Engoron has twice found the former president in violation of the gag order, fining him a total of $15,000. The judge has also warned Trump that further transgressions could lead to more severe sanctions, perhaps including incarceration.

Amid the clamor, Trump has maintained that his property valuations are valid and proper.

This article originally appeared on USA TODAY: Donald Trump, Ivanka Trump and other family to testify at fraud trial