Trump sues NY attorney general, seeking to halt civil probe

James has spent more than two years investigating whether the Trump Organization misled banks or tax officials about the value of assets — inflating them to gain favorable loan terms or minimizing them to reap tax savings.

Last year, James’ investigators interviewed one of Trump’s sons, Trump Organization executive Eric Trump. Her office went to court to enforce a subpoena on the younger Trump, and a judge forced him to testify after his lawyers abruptly canceled a previously scheduled deposition.

Trump's lawsuit didn't explicitly mention James' request for his testimony, aside from a brief reference. But it's clear he won't be showing up Jan. 7, James' requested date, to answer questions voluntarily. As with Eric Trump, James' office will now likely have to issue a subpoena and go to a judge to order the former president to cooperate.

It's rare for law enforcement agencies to issue a civil subpoena for testimony from a person who is also the subject of a related criminal probe, in part because that person could simply invoke the Fifth Amendment right to remain silent. It's unlikely Trump’s lawyers would allow him to be deposed unless they were sure his testimony couldn’t be used against him in a criminal case.

Vance, a Democrat who is leaving office at the end of the year, recently convened a new grand jury to hear evidence as he weighs whether to seek more indictments in the investigation, which resulted in tax fraud charges in July against the Trump Organization and its longtime CFO Allen Weisselberg. They've pleaded not guilty to charges alleging they evaded taxes on lucrative fringe benefits paid to executives.

Both investigations are at least partly related to allegations by Trump’s former personal lawyer, Michael Cohen, that Trump had a history of misrepresenting the value of assets.

James’ office issued subpoenas to local governments for records pertaining to Trump’s estate north of Manhattan, known as Seven Springs, and a tax benefit Trump received for placing land into a conservation trust. Vance later issued subpoenas seeking many of the same records.

James’ office has also been looking at similar issues relating to a Trump office building in New York City, a hotel in Chicago and a golf course near Los Angeles. Her office also won a series of court rulings forcing Trump’s company and a law firm it hired to turn over troves of records.