Former President Donald Trump’s attorney on Wednesday filed a notice of appeal with the New York Supreme Court two days after a judge found Trump in civil contempt and fined him $10,000 for each day Trump fails to comply with a subpoena for documents.
Judge Arthur Engoron on Monday imposed the fine and held Trump in civil contempt because he repeatedly failed to produce subpoenaed materials that had been sought by New York Attorney General Letitia James. The state is investigating whether the Trump Organization manipulated the value of their assets to secure better loan rates and tax benefits.
Engoron said Trump will be held in contempt until he either produces the documents or, if Trump continues to hold that the documents do not exist, provide details regarding “who, what, when, where, and how any search was conducted.”
The appeal challenges whether the AG’s office provided clear and convincing evidence to support that Trump failed to comply with the subpoena. Trump’s attorney, Alina Habba, claims that Trump “proffered a timely response to the subpoena” by alleging that there were no responsive documents.
In the notice of appeal, Habba said she would ask the court to review whether the $10,000-a-day fine “serves any purpose as either a compensatory or coercive remedy.” Habba also argues that James failed to show that the state attorney general’s office was harmed by Trump’s conduct.
In response to the notice of appeal, AG James said, “the judge’s order was clear. We’ve seen this playbook before, and it has never stopped our investigation of Mr. Trump and his organization.”