Trump’s filing is his latest effort to try to end a $10,000-a-day penalty that has risen to $140,000. Judge Arthur Engoron previously dismissed an earlier Trump affidavit, saying it was “completely devoid of any useful detail”. Trump also appealed the contempt decision.
In the new filing, Trump said he no longer has a phone given to him by the Trump Organization in 2015, two flip phones or a Samsung phone he brought with him to the White House that “was taken from me at some point while I was president.”
Trump said he currently has two cell phones, an iPhone he uses for personal business and another phone he just received from Truth Social, the social media company, which he said he uses exclusively for publish content on its website.
“I previously submitted my iPhone to be searched and photographed on March 21, 2022. Out of an abundance of caution and pursuant to the order, I recently resubmitted my cell phone to be searched and photographed again early May 2022,” Trump wrote. .
Trump also said that since 2010 he hasn’t used email, text or computers for work. He also stated that he does not keep documents, records or papers relating to his business at his personal home.
Alina Habba, a lawyer for Trump, said she personally searched every nightstand, desk and closet at Trump’s properties and found no documents sought by the December 2021 subpoena.
Attorney General wants 17 boxes searched
Lawyers for the attorney general said the third-party company, HaystackID, said it would complete that review by Friday.
“Because the Defendant relies on HaystackID’s review to satisfy its obligations under the subpoena, it cannot serve the contempt finding until such review is complete and HaystackID provide a final report as well as the production of any corresponding documents,” the lawyers wrote.
The lawyers also said that Trump or his executive aides should explain the Trump Organization’s document and electronic device retention and destruction policies.
“As it appears that Mr. Trump relied on the Trump Organization and his executive aides to preserve his records, he should be required to describe the policies they followed, especially since the testimony provided during from the OAG’s investigation indicate that the Trump Organization has had a “litigation hold” in place since at least 2016 on the categories of material covered by the subpoena and its IT department follows a retention policy.
This story has been updated with additional developments.