“The OAG writes to request a pre-motion conference concerning its objections to the Verified Answers filed by Defendants on Thursday, January 26, 2023,” the letter said.
“Defendants falsely deny facts they have admitted in other proceedings, they deny knowledge sufficient to respond to factual allegations that are plainly within their knowledge, and they propound affirmative defenses that have been repeatedly rejected by this Court as frivolous and without merit.”
The letter was signed by Kevin Wallace, senior enforcement counsel for the Division of Economic Justice.
The OAG is requesting the court deem factual allegations subject to improper denials as admitted, dismiss affirmative defenses and sanction defendants, including Trump, his adult children, the Trump Organization and their lawyers.
The OAG accuses the defendants of making “demonstrably false” denials that contradict previous sworn statements, according to the letter. The defendants have also pleaded lack of sufficient knowledge to verify or falsify allegations, despite the allegations covering information within their control, the letter said.
The agency also dismissed accusations by Trump that he is being improperly targeted by the court as part of a political “witch hunt.”
“The Court has already admonished Defendants and their counsel for their continued invocation of meritless legal claims but exercised its discretion in not imposing such sanctions,” the letter said. “It does not appear that this point was taken, however, and OAG would ask the Court to renew the issue.”
The OAG requests a conference with the court at its earliest convenience to discuss a briefing schedule, the letter added.