President Donald Trump’s legal team is urging a response to a crucial question in a civil case that nearly cost him $464 million. On Thursday, Trump’s lawyers filed a letter with the New York Supreme Court claiming James did not comply with a court order. This order required her to disclose ‘the preservation practices’ and ‘its preservation efforts.’
The demand marks the latest objection by Trump’s attorneys who argue the reconsidered case is rife with errors. They suspect James may possess vital evidence not shared, especially communications with Michael Cohen, a former attorney for Trump.
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Michael Cohen, Trump’s former attorney, was a key witness in the civil suit. He appeared in Manhattan Criminal Court, New York City, on May 14, 2024, for Trump’s trial related to hush money payments connected to extramarital affairs.
Defendants rely on Cohen’s January 16, 2026 article published on Substack. Cohen claimed feeling pressured by [James’s] office lawyers to provide testimony suiting the government’s case against Trump. Cohen contributed to building the argument that Trump misrepresented property values and testified that Trump provided him target net-worth numbers to satisfy.
Although the judge denied requests for more discovery, he mandated James to outline her processes for maintaining and preserving information. Trump’s attorneys insist James did not comply.
“[New York Attorney General’s Office] also carefully avoids representing whether any requested materials do exist, and whether NYAG has confirmed their preservation,” the attorneys wrote. “Instead of genuinely complying with the Order, NYAG merely recited her ‘standard litigation hold procedures’ since the investigation’s start.”
This exchange is the latest in the civil suit James initiated against Trump in 2022, alleging he consistently inflated his property values. Following a liability finding, Trump faced a $355 million plus interest disgorgement order, a three-year ban on loan applications from New York banks, and a two-year prohibition from serving as an officer or director of any New York company.
An appeals court later overturned the financial penalties, but James seeks their reinstatement. Trump argues the case is fundamentally flawed and warrants dismissal.
Earlier this month, Trump’s lawyers highlighted five key disqualifying weaknesses. They assert Attorney General James lacked authority to file the case, observing it involves private dealings rather than public harm. Trump’s valuations reportedly represented subjective estimates, independently assessed by lenders.
The appeal emphasizes that the supposed ‘victims’ are sophisticated banks and insurers who benefited over $100 million from these transactions without claiming injury. They argue the prosecution’s overvaluation basis rests on flawed assumptions about real estate having one objective value.
Trump’s legal team contests the $450 million disgorgement as excessive, illegal, and unconstitutional. Lastly, they assert the case’s political nature should have halted its proceedings.
“NYAG cannot point to a single Section 63(12) enforcement action against similarly situated developers (or any other type of defendant) based on practices comparable to those alleged here,” the filing states.
In response to inquiries regarding disclosures, James’ office noted its own letter defending its fulfilled disclosure duties per court order.
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Letitia James, New York’s attorney general, addressed media outside federal court in Norfolk, Va., on October 24, 2025.
James’s office objected to extrajudicial discovery demands in a letter responding to Fox News Digital inquiries. It stated it completely satisfied court-mandated obligations to specify preservation practices.