Donald Trump is trying to stay a $10,000-a-day fine for contempt of court because he no longer has cell phones requested by the New York Attorney General in her investigation of alleged fraud by the Trump Organization.
The State Dining Room of the White House has a cell phone in it.
In an affidavit dated Friday, Trump said he had turned over all the material in his possession that James' office had subpoenaed, in his latest effort to end the daily fine that has so far run to $140,000.
The judge who imposed the fine accepted James' claim that Trump had failed to comply with a subpoena from her office requesting documents and information related to the fraud probe.
While he was president, one of the four phones he had previously owned went missing, as well as a phone that was taken from him.
Trump said he only had two cell phones, one for personal use and the other for posting on Truth Social.
In accordance with the subpoena, Trump submitted his personal phone to be searched and imaged in March and again in May.
Trump said he did not personally keep track of documents subpoenaed by the attorney general, and he had authorized his attorneys to search his personal residence and office at the Mar-a-Lago Club.
The investigation into the Trump Organization's business practices is not a criminal investigation. A guilty verdict in a civil case does not usually result in imprisonment, but can result in fines or other sanctions. Less conclusive proof is required in civil cases to establish a guilty verdict. The future of the case is in doubt after two prosecutors leading the case resigned in February.
The office claims that the Trump Organization misstated the value of its own assets in order to get benefits. James said that the office must gather more information before deciding whether or not to file a lawsuit. Trump and his associates have consistently denied allegations of wrongdoing, dismissing the probe as a political witch-hunt. Trump has tried many times to overturn his contempt ruling. A previous affidavit by Trump regarding the subpoena was completely devoid of any useful detail.
It remains to be seen if Trump's affidavit will convince Engoron that he has complied with subpoenas and is not in contempt.
A New York judge fined Trump $10,000 a day for contempt.
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