Donald Trump’s Companies Destroyed Emails in Defiance of Court Orders (Newsweak)

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Donald Trump’s Companies Destroyed Emails in Defiance of Court Orders

By Kurt Eichenwald   On 10/31/16 at 7:00 AM

http://www.newsweek.com/2016/11/11/donald-trump-companies-destroyed-emails-documents-515120.html

Donald Trump has a long, troubling history of destroying and hiding important documents in lawsuits, but he thinks Hillary Clinton’s the one who should be going to jail.

Over the course of decades, Donald Trump’s companies have systematically destroyed or hidden thousands of emails, digital records and paper documents demanded in official proceedings, often in defiance of court orders. These tactics—exposed by a  Newsweek review of thousands of pages of court filings, judicial orders and affidavits from an array of court cases—have enraged judges, prosecutors, opposing lawyers and the many ordinary citizens entangled in litigation with Trump. In each instance, Trump and entities he controlled also erected numerous hurdles that made lawsuits drag on for years, forcing courtroom opponents to spend huge sums of money in legal fees as they struggled—sometimes in vain—to obtain records.

This behavior is of particular import given Trump’s frequent condemnations of Hillary Clinton, his Democratic opponent, for having deleted more than 30,000 emails from a server she used during her time as secretary of state. While Clinton and her lawyers have said all of those emails were personal, Trump has suggested repeatedly on the campaign trail that they were government documents Clinton was trying to hide and that destroying them constituted a crime. The allegation—which the FBI concluded was not supported by any evidence—is a crowd-pleaser at Trump rallies, often greeted by supporters chanting, “Lock her up!”
 
Trump’s use of deception and untruthful affidavits, as well as the hiding or improper destruction of documents, dates back to at least 1973, when the Republican nominee, his father and their real estate company battled the federal government over civil charges that they refused to rent apartments to African-Americans. The Trump strategy was simple: deny, impede and delay, while destroying documents the court had ordered them to hand over.

Shortly after the government filed its case in October, Trump attacked: He falsely declared to reporters that the feds had no evidence he and his father discriminated against minorities, but instead were attempting to force them to lease to welfare recipients who couldn’t pay their rent.

The family’s attempts to slow down the federal case were at times nonsensical. Trump submitted an affidavit contending that the government had engaged in some unspecified wrongdoing by releasing statements to the press on the day it brought the case without first having any “formal communications” with him; he contended that he’d learned of the complaint only while listening to his car radio that morning. But Trump’s sworn statement was a lie. Court records show that the government had filed its complaint at 10 a.m. and phoned him almost immediately afterward. The government later notified the media with a press release.

Prosecutors responded to Trump’s affidavit by showing he had fudged his claim by using the term “formal communication”—an acknowledgment, they said, that he had received what  only he would characterize as an informal notification—which they described as an intentional effort to mislead the court and the public. But the allegation slowed the case; it required government lawyers to appear in court to shoot down Trump’s false charge.

The Trumps had more delaying tactics. Trump announced in a press conference that his family and their company were bringing a $100 million countersuit against the government for libel; anonymous tenants and community leaders, he said, had been calling and writing letters expressing shock at the government’s “outrageous lies.” Once again, motions, replies and hearings followed. Once again, the court threw out the Trump allegations.

For months, the Trumps ignored the government’s discovery demands, even though court procedure in a civil or criminal case requires each side to produce relevant documents in a timely manner. This allows for the plaintiffs or prosecutors to develop more evidence in support of their claims, as well as for the defense to gather proof to fight the case against them. When litigation is filed or even contemplated, scrupulous lawyers and corporations immediately impose document-retention programs or require that any shredding or disposing of records be halted. Courts have handed down severe sanctions or even criminal charges of obstruction of justice against executives and companies that destroyed records because they knew they were going to be sued.

Yet when the government filed its standard discovery requests, the Trumps reacted as though seeking that information was outrageous. They argued in court that prosecutors had no case and wanted to riffle through corporate files on a fishing expedition. Once again, this led to more delays, more replies, more hearings...and another specious argument thrown out of court.

Six months after the original filing, the case was nowhere because the Trumps had repeatedly ignored the deadlines to produce records and answers to questions, known as interrogatories. When a government attorney finally telephoned a Trump lawyer to find out why, he was told the Trumps had not even begun preparing their answers and had no plans to do so. The Trumps also postponed and blocked depositions, refused to provide a description of their records, as required, and would not turn over any documents.


Finally, under subpoena, Trump appeared for a short deposition. When asked about the missing documents, he made a shocking admission: The Trumps had been destroying their corporate records for the previous six months and had no document-retention program. They had conducted no inspections to determine which files might have been sought in the discovery requests or might otherwise be related to the case. Instead, in order to “save space,” Trump testified, officials with his company had been tossing documents into the shredder and garbage.

The government dashed to court, seeking sanctions against the Trumps. Prosecutors asked the judge to allow them to search through the corporate files or simply declare the Trumps in default and enter a judgment against them. The judge opted to allow the government access to the company offices so they could find the records themselves.

In three letters and three phone calls, the government notified the Trumps that this inspection would take place on June 12, 1974. When they arrived at the Trump offices, Trump was there, but he and everyone else were “surprised” that prosecutors had come and refused to allow them access to documents without their defense lawyers present. A prosecutor called those lawyers, but they were not in their offices. The frustrated prosecutors then gave up and headed back to court.

The Trump strategy was simple: deny, impede and delay, while destroying documents the court had ordered them to hand over.

They were then hit with a new delaying tactic. The Trumps submitted a filing based on statements by Trump that radically misrepresented what had occurred that day. He claimed a prosecutor, Donna Goldstein, had arrived at the company without notifying the Trumps’ counsel, refused to telephone their lawyer and demanded access to Trump’s office. The prosecutor—accompanied, the Trumps claimed, by five “stormtroopers”—then banged on doors throughout the office, insisting she and her team be allowed to “swarm haphazardly through all the Trump files and to totally disrupt their daily business routine.”

At the same time, in a move that caused another huge delay, the Trumps claimed that Goldstein had been threatening Trump employees who were potential witnesses. In several instances, the employees signed affidavits stating they had been subjected to abuse by Goldstein, then denied it when they were forced to testify. Even one of the government’s key witnesses, Thomas Miranda—who told the government the Trumps instructed managers to flag applications from minorities and that he was afraid the family would physically harm him—suddenly announced that prosecutors had threatened  him and that he had never provided any evidence against the Trumps.

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