Why Ivanka Trump Was the Final Witness Against Her Father

New York Attorney General Letitia James was happy to use Ivanka Trump's forgetful testimony as the final evidence in her father's fraud trial because there was no jury to impress, a legal expert has said.

Ivanka Trump had spent two years trying to avoid giving evidence in the civil fraud trial and was confirmed as a witness less than a week before her court appearance on Wednesday. In her testimony, she said many times that she couldn't recall events at the center of the allegations against Donald Trump, his sons Eric and Donald Jr., and the Trump Organization. Newsweek sought email comment on Friday from Ivanka Trump's attorney.

James is suing them for allegedly inflating their assets and net worths to deceive insurers, banks and others. Trump has denied any wrongdoing and painted the case as a politically motivated stunt to block him from a second White House term. He remains the frontrunner for the Republican presidential nomination. "This is a RIGGED TRIAL, right out of a Banana Republic, but sadly, it gives the Republicans the right to do the same thing when we assume office..." the former president wrote on social media in October.

Real-estate attorney Paul Golden, a partner at New York law firm Coffey Modica, told Newsweek that, without a jury, New York Attorney General James was willing to place Ivanka Trump's testimony as the final evidence in the case, knowing it would likely be unimpressive.

"If this was a jury trial, the plaintiff might have considered having a dramatic ending to its case – with a person who would likely testify strongly against the defendants. If this was a jury trial, the state might have been disappointed with this kind of final witness," Golden said. "Judges are much less likely to be bowled over by the order of witness presentation. This is likely part of the reason the state was willing to present Ivanka as a last witness."

Judge Arthur Engoron told the court on October 11 that a jury trial would not have been appropriate for the case, as the financial penalties required for this type of alleged fraud should be calculated by a judge.

Ivanka Trump had been a defendant in the case, but an appeal court agreed that James's office was time-barred from taking a case against her.

"As Ivanka Trump seems to be out of the case, with apparently little chance of being pulled back in, then for her own wellbeing, an answer of 'I do not recall' would seem to not affect herself much at all, one way or the other," Golden said.

"Assuming she is telling the truth, that she does not recall, then of course this was a wise decision for her to say so.

"Perhaps the state was hoping that she would admit to at least certain details against her father or his entities. Or perhaps the state is hoping that her own ignorance or lack of memory of certain issues is to its advantage," Golden said.

"In this context, it may be difficult for the state to argue that 'I don't remember' has any particular great meaning or import. This is especially the case because Ms. Trump's statements concerned events from years ago," he added.

Carl Tobias, a legal professor at the University of Richmond in Virginia, told Newsweek that Ivanka Trump was very calm and didn't seek confrontation. This was unlike Donald Trump, who gave heated testimony on Monday and accused Engoron of being among the Trump haters who were doing the bidding of the Democratic Party.

"Her testimony sharply contrasted to that of her father. For example, Ms. Trump did not fight with the judge or the attorney general's counsel, was polite and even smiled," Tobias said. "I think that her claimed inability to recall may have been strategic, especially if the attorney general was seeking incriminating statements, because it is safer to say I don't recall than to speculate or invent answers that may be incriminating."

Eric Chaffee, an expert on financial crime and a professor at Case Western Reserve University in Ohio, told Newsweek that Ivanka Trump handled her testimony well.

"Although saying 'I don't recall' can seem evasive, it is likely the smart thing to do legally. Executives review and sign lots of documents and have lots of conversations in their roles. Even if Ivanka Trump sincerely believes that she does not know something, it is better to say 'I don't recall,' rather than being caught off guard by an unremembered document or conversation," Chaffee said.

Ivanka Trump's attorney had said in January 2021 that her client would fight a subpoena to give evidence, but Engoron ruled last week that she would have to testify.

Last month, Engoron ruled that Donald Trump, Eric Trump and Donald Trump Jr, committed fraud in their property evaluations. The court will decide on six other accusations, including falsifying business records, insurance fraud, and conspiracy claims. Engoron himself will rule on the charges, as Trump's legal team did not opt for a jury trial.