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	<title>testify Archives - The Hemet &amp; San Jacinto Chronicle</title>
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		<title>Trump appeals ruling forcing him to testify in NY probe</title>
		<link>https://hsjchronicle.com/trump-appeals-ruling-forcing-him-to-testify-in-ny-probe/</link>
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		<dc:creator><![CDATA[Associated Press]]></dc:creator>
		<pubDate>Tue, 01 Mar 2022 05:00:00 +0000</pubDate>
				<category><![CDATA[Business]]></category>
		<category><![CDATA[investigation]]></category>
		<category><![CDATA[testify]]></category>
		<category><![CDATA[Trial]]></category>
		<category><![CDATA[Trump]]></category>
		<guid isPermaLink="false">https://hsjchronicle.com/?p=44476</guid>

					<description><![CDATA[<p>Former President Donald Trump has appealed a judge’s decision requiring he answer questions under oath in New York state’s civil investigation into his business practices — a widely expected move that’s likely to prolong the fight over his testimony by months.</p>
<p>The post <a href="https://hsjchronicle.com/trump-appeals-ruling-forcing-him-to-testify-in-ny-probe/">Trump appeals ruling forcing him to testify in NY probe</a> appeared first on <a href="https://hsjchronicle.com">The Hemet &amp; San Jacinto Chronicle</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">By MICHAEL R. SISAK</p>



<p class="wp-block-paragraph">NEW YORK (AP) — Former President Donald Trump has appealed a judge’s decision requiring he answer questions under oath in New York state’s civil investigation into his business practices — a widely expected move that’s likely to prolong the fight over his testimony by months.</p>



<p class="wp-block-paragraph">Lawyers for Trump and his two eldest children filed papers on Monday with the appellate division of the state’s trial court, seeking to overturn&nbsp;<a class="" href="https://apnews.com/article/business-new-york-manhattan-donald-trump-subpoenas-0aa45e4644b13f7a3ef76d9c00491298">Manhattan Judge Arthur Engoron’s Feb. 17 ruling</a>. They argue ordering the Trumps to testify violates their constitutional rights because their answers could be used in a parallel criminal investigation.</p>



<p class="wp-block-paragraph">In an eight-page ruling, Engoron set a March 10 deadline for Trump and his children, Ivanka and Donald Trump Jr., to sit for depositions. Lawyers for the Trumps asked the appellate court for a stay to spare them from questioning while it considers the matter.</p>



<p class="wp-block-paragraph">The court did not set a date for arguments. It typically issues decisions several months after that, but could be inclined to rule on an expedited basis given the urgency of New York Attorney General Letitia James’ investigation and the Trumps’ desire to swiftly overturn Engoron’s ruling.</p>



<p class="wp-block-paragraph">A message seeking comment was left with James’ office. In a statement on Friday, as lawyers for the Trumps were preparing their appeal, the attorney general signaled she was ready for a long fight to get them to testify.</p>



<p class="wp-block-paragraph">“Donald J. Trump, Donald Trump, Jr., and Ivanka Trump were ordered by the court to comply with our lawful investigation into Mr. Trump and the Trump Organization’s financial dealings,” James said in the statement. “While they have the right to seek a delay, they cannot deter us from following the facts and the law wherever they may lead. Make no mistake: My office will continue to pursue this case without fear or favor because no one is above the law.”</p>



<p class="wp-block-paragraph">Trump did not immediately comment on the appeal. In a statement following Engoron’s decision, he called the ruling “a continuation of the greatest Witch Hunt in history.”</p>



<p class="wp-block-paragraph">“THERE IS NO CASE!” he said, claiming he’s unable to get a fair hearing in New York “because of the hatred of me by Judges and the judiciary” and accusing James’ office of “doing everything within their corrupt discretion to interfere with my business relationships, and with the political process.”</p>



<p class="wp-block-paragraph">James, a Democrat, has said her investigation has uncovered evidence Trump’s company, the Trump Organization, used “fraudulent or misleading” valuations of assets like golf courses and skyscrapers to get loans and tax benefits.</p>



<p class="wp-block-paragraph">In his ruling, Engoron wrote: “A State Attorney General commences investigating a business entity, uncovers copious evidence of possible financial fraud, and wants to question, under oath, several of the entities’ principals, including its namesake. She has the clear right to do so.”</p>



<p class="wp-block-paragraph">If Engoron’s decision is upheld it could force Trump into a tough decision about whether to answer questions, or stay silent, citing his Fifth Amendment right against self-incrimination. Anything Trump says in a civil deposition could be used against him in the criminal probe being overseen by the Manhattan district attorney’s office.</p>



<p class="wp-block-paragraph">At a hearing prior to Engoron’s decision, Trump’s lawyers argued that having him sit for a civil deposition is an improper attempt to get around a state law barring prosecutors from calling someone to testify before a criminal grand jury without giving them immunity.</p>



<p class="wp-block-paragraph">A lawyer for the attorney general’s office told Engoron that it wasn’t unusual to have civil and criminal investigations proceeding at the same time, and Engoron rejected a request from lawyers for the Trumps to pause the civil probe until the criminal matter is over.</p>



<p class="wp-block-paragraph">Last summer, spurred by evidence uncovered in James’ civil investigation, the Manhattan district attorney’s office charged Weisselberg and the Trump Organization with tax fraud, alleging he collected more than $1.7 million in off-the-books compensation. Weisselberg and the company have pleaded not guilty. The future of the criminal probe was thrown into question last week when the&nbsp;<a class="" href="https://apnews.com/article/new-york-manhattan-donald-trump-cyrus-vance-jr-criminal-investigations-18bb6847aeda9536663a6abd73abbf80">two prosecutors leading it abruptly quit</a>.</p>



<p class="wp-block-paragraph">Lawyers for the Trumps asked the appellate court Monday to consider three questions:</p>



<p class="wp-block-paragraph">— whether James’ office is violating their rights by issuing subpoenas for their testimony while also participating in the criminal investigation;</p>



<p class="wp-block-paragraph">— whether protections for grand jury witnesses under state law, such as immunity, can be “eviscerated, if the same agency involved in the criminal investigation simply opens a ‘civil’ investigation into the very same matters”;</p>



<p class="wp-block-paragraph">— and whether Engoron erred in rejecting the Trumps’ contention that James has engaged in selective prosecution.</p>



<p class="wp-block-paragraph">Engoron, in his ruling, said the thousands of pages of evidence he’s reviewed in the case shows there’s sufficient basis for continuing the investigation and undercuts “the notion that this ongoing investigation is based on personal animus, not facts and law.”</p>



<p class="wp-block-paragraph">Find your latest news here at the <a href="https://hsjchronicle.com/">Hemet &amp; San Jacinto Chronicle</a> </p>
<p>The post <a href="https://hsjchronicle.com/trump-appeals-ruling-forcing-him-to-testify-in-ny-probe/">Trump appeals ruling forcing him to testify in NY probe</a> appeared first on <a href="https://hsjchronicle.com">The Hemet &amp; San Jacinto Chronicle</a>.</p>
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		<title>Apple CEO Tim Cook to testify Friday as Epic trial nears end</title>
		<link>https://hsjchronicle.com/apple-ceo-tim-cook-to-testify-friday-as-epic-trial-nears-end/</link>
					<comments>https://hsjchronicle.com/apple-ceo-tim-cook-to-testify-friday-as-epic-trial-nears-end/#respond</comments>
		
		<dc:creator><![CDATA[Associated Press]]></dc:creator>
		<pubDate>Fri, 21 May 2021 01:00:00 +0000</pubDate>
				<category><![CDATA[Politics]]></category>
		<category><![CDATA[Apple CEO Tim Cook]]></category>
		<category><![CDATA[iPhone]]></category>
		<category><![CDATA[testify]]></category>
		<category><![CDATA[Trial]]></category>
		<guid isPermaLink="false">https://hsjchronicle.com/?p=37033</guid>

					<description><![CDATA[<p>SAN RAMON, Calif (AP) — Apple CEO Tim Cook will take the witness stand this Friday in a high-stakes courtroom battle over the lucrative commissions the iPhone maker has been raking in from its mobile app store.</p>
<p>The post <a href="https://hsjchronicle.com/apple-ceo-tim-cook-to-testify-friday-as-epic-trial-nears-end/">Apple CEO Tim Cook to testify Friday as Epic trial nears end</a> appeared first on <a href="https://hsjchronicle.com">The Hemet &amp; San Jacinto Chronicle</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">By MICHAEL LIEDTKE AP Technology Writer</p>



<p class="wp-block-paragraph">SAN RAMON, Calif (AP) — Apple CEO Tim Cook will take the witness stand this Friday in a high-stakes courtroom battle over the lucrative commissions the iPhone maker has been raking in from its mobile app store.</p>



<p class="wp-block-paragraph">The timing of Cook&#8217;s highly anticipated testimony was confirmed Wednesday when a federal judge granted Apple&#8217;s request to allow the 60-year-old executive to be the first witness sworn in Friday morning during&nbsp;<a href="https://apnews.com/article/apple-epic-app-store-trial-c8acede2ad74d0b996e1b398351d52a3">a trial that has been unfolding&nbsp;</a>in an Oakland, California, courtroom since the beginning of this month.</p>



<p class="wp-block-paragraph">The trial revolves around an antitrust lawsuit filed last year by Epic Games, the maker of the popular video game Fortnite.</p>



<p class="wp-block-paragraph">Epic is trying prove that commissions ranging from 15% to 30% on transactions in apps installed on iPhones, iPads and iPods are part of a monopoly that Apple has created around a fortress blocking other payment options on its mobile devices.</p>



<p class="wp-block-paragraph">Apple has brushed off the allegations as a desperate attempt by Epic to boost its own profits by breaching a contract covering a system that requires a small portion of the 1.8 million apps in its store to pay the commissions on transactions. Apple says the commissions help it pay for the technology powering its products, including the security and privacy protections that has helped make iPhone so popular.</p>



<p class="wp-block-paragraph">Cook will be taking the stand as Apple prepares to wrap its case before the two sides make their closing arguments and answer U.S. District Judge Yvonne Gonzalez Rogers&#8217; questions about the evidence on Monday. His appearance also will serve as a sort of bookend to the testimony of Epic CEO Tim Sweeney, who took the stand for two days during the first two days of trial.</p>



<p class="wp-block-paragraph">The CEOs&#8217; testimony could be a study in contrasts. Cook has emerged as a polished, confident public speaker since inheriting his CEO job nearly a decade ago from Apple&#8217;s late co-founder Steve Jobs. But Sweeney is far more soft spoken, and often had to be asked to speak up during his testimony that&nbsp;<a href="https://apnews.com/article/apple-inc-lifestyle-games-technology-business-83e61bd74ee88fa24b994f6295f329f8">at times included statements&nbsp;</a>that seemed to bolster Apple&#8217;s defense.</p>



<p class="wp-block-paragraph">Cook will also have the advantage of listening to how Epic&#8217;s lawyers have been grilling Apple executives who have been taking the stand. That list has included Phil Schiller, Apple&#8217;s former marketing guru and a Jobs confidant who was on the stand Monday and Tuesday. Apple&#8217;s software chief, Craig Federighi, took the stand Wednesday to discuss the various ways the company insulates its products from hackers.</p>



<p class="wp-block-paragraph">The specter of Jobs is likely to be raised while Cook is on the stand, based on Epic&#8217;s strategy in the so far. Epic lawyers have repeatedly referred back to Jobs&#8217; initial predictions that Apple wouldn&#8217;t make much money from the app store when he unveiled it 13 years ago.</p>



<p class="wp-block-paragraph">Since then, the app store has become more successful than anyone envisioned and a major contributor to the profit growth that has helped give Apple its current market value of nearly $2.1 trillion. Just how much money Apple makes from the app store has remained a heated point of contention during the trial, although Schiller conceded during his testimony that the Cupertino, California, had pocketed at least $20 billion from it through June 2017, based on calculations from&nbsp;<a href="https://www.apple.com/newsroom/2017/06/developer-earnings-from-the-app-store-top-70-billion/?afid=p239%7C10078&amp;cid=aos-us-aff-ir">figures publicly released</a>&nbsp;as that time.</p>



<p class="wp-block-paragraph">Find your latest news here at <a href="https://hsjchronicle.com/">the Hemet &amp; San Jacinto Chronicle </a></p>
<p>The post <a href="https://hsjchronicle.com/apple-ceo-tim-cook-to-testify-friday-as-epic-trial-nears-end/">Apple CEO Tim Cook to testify Friday as Epic trial nears end</a> appeared first on <a href="https://hsjchronicle.com">The Hemet &amp; San Jacinto Chronicle</a>.</p>
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