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NY Post
New York Post
4 Apr 2023


NextImg:Trump lawyers seek order forcing Michael Cohen deposition in AG suit

Former President Donald Trump is asking a judge to force his former lawyer, Michael Cohen, to show up for a deposition as the embattled Trump fights a $250 million civil fraud case.

Trump lawyer Alina Habba claims that Cohen – the 76-year-old’s one-time personal attorney and “fixer” – initially refused to come to a March 10 deposition before missing a rescheduled March 31 date.

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On the latter occasion “Cohen elected instead to give a televised interview on ‘Good Morning America’ … around the time he should have been testifying,” Habba claimed in papers filed Monday.

New York Attorney General Letitia James last year filed suit against the 45th President, the Trump Organization and others, claiming Trump exaggerated company assets to get better loan and insurance terms.

Trump’s team is seeking Cohen’s testimony since James’ investigators interviewed him during her probe into the former first family’s real estate company – which has been ongoing since 2019.

“Mr. Cohen claims to have intimate first-hand knowledge about the alleged acts that are the basis of the complaint in this case, as a witness and as active participant in those acts,” Habba wrote.

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Trumps’ lawyers claim that Cohen missed two prior dates to be deposed by his team in the AG’s suit against him.
William Farrington

Habba’s “affirmation of urgency” filing claimed that in order to meet the court’s schedule in the case – including an Oct. 2 trial date – her team needs an order compelling Cohen’s deposition, citing his alleged “willful disobedience” so far.

Cohen told The Post in a statement: “As a courtesy to Ms. Habba, I advised her and her co-counsel that I would not be appearing as the subpoena was, as expected, defective.”

In a March 7 email, Cohen told Trump’s lawyers that he wasn’t properly served with the subpoena and they hadn’t shown sufficient reason to require his testimony, court papers show.

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Alina Habba

Trump’s civil lawyer Alina Habba claims that Cohen blew off a March 31 deposition to be on “Good Morning America.”
Gregory P. Mango

Habba filed the papers a day before Trump was to be arraigned in a separate criminal case in connection to alleged “hush money” payments made to former porn star Stormy Daniels to silence her about claims she had an affair with Trump.

Cohen – who served prison time after pleading guilty to lying to Congress and facilitating the payment to Daniels – is expected to be the prosecution’s star witness in the criminal case.

Legal experts have said the AG’s civil case could get put on hold while the Manhattan criminal case plays out if Trump’s civil lawyers make a motion to stay the case and a judge grants the request.