FILED: NEW YORK COUNTY CLERK 06/20/2024 01:25 PM INDEX NO.

452564/2022
NYSCEF DOC. NO. 1767 RECEIVED NYSCEF: 06/20/2024

EXHIBIT “D”
FILED: NEW YORK COUNTY CLERK 06/20/2024 01:25 PM INDEX NO. 452564/2022
NYSCEF DOC. NO. 1767 RECEIVED NYSCEF: 06/20/2024

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
----------------------------------------------------------- )
)
PEOPLE OF THE STATE OF NEW YORK, by ) Index No: 452564/2022
LETITIA JAMES, Attorney General of the State )
of New York, ) (Engoron, J.S.C.)
)
Plaintiff, )
) SUBPOENA
-against- )
)
DONALD J. TRUMP, DONALD TRUMP, JR., )
ERIC TRUMP, ALLEN WEISSELBERG, )
JEFFREY MCCONNEY, THE DONALD J. )
TRUMP REVOCABLE TRUST, THE TRUMP )
ORGANIZATION, INC., TRUMP )
)
ORGANIZATION LLC, DJT HOLDINGS LLC,
)
DJT HOLDINGS MANAGING MEMBER, )
TRUMP ENDEAVOR 12 LLC, 401 NORTH )
WABASH VENTURE LLC, TRUMP OLD )
POST OFFICE LLC, 40 WALL STREET LLC, )
and SEVEN SPRINGS LLC, )
)
Defendants. )
)
----------------------------------------------------------- )
To: Adam Leitman Bailey, Esq.
Adam Leitman Bailey, P.C.
1 Battery Park Plaza, 18th Floor
New York, New York 10004

WE COMMAND YOU, pursuant to Articles 23 and 31 of the New York Civil Practice

Law and Rules, that all business and excuses being laid aside, to appear at a hearing before a

Justice of Supreme Court, County of New York, to be held at the Courthouse at 60 Centre Street,

New York, New York 10007, at a time and date convenient for the Court and at any recessed or

adjourned date and time of that hearing, to testify and give evidence in the above-captioned

action and to bring with you and produce the materials listed in Exhibit A, which are in your
FILED: NEW YORK COUNTY CLERK 06/20/2024 01:25 PM INDEX NO. 452564/2022
NYSCEF DOC. NO. 1767 RECEIVED NYSCEF: 06/20/2024

custody or control, by June 26, 2024, to 60 Centre Street, New York, New York 10007 with a

copy to Robert & Robert PLLC.

PLEASE TAKE NOTICE that this subpoena is being issued to you because it is

believed that you are in possession of documents and information relevant to Defendants’ motion

in the above-captioned action seeking recusal pursuant to 22 N.Y.C.R.R. § 100.3(E)(1) or, in the

alternative, an expedited evidentiary hearing. A copy of the relevant application is annexed

hereto as Exhibit B. In particular, you have made public statements that you communicated

with the judge presiding over this action regarding, inter alia, the merits of this action, the

permissible scope of the Attorney General’s and the Court’s own authority under Executive Law

§ 63(12), and the consequence of the Court’s decision on business in the State.

PLEASE TAKE FURTHER NOTICE that failure to comply with this subpoena is

punishable as a contempt of Court and shall make you liable to the persons on whose behalf this

subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason

of your failure to comply.

Dated: Uniondale, New York

June 20, 2024

Respectfully Submitted,

ROBERT & ROBERT PLLC

__________________________________
Clifford S. Robert
Michael Farina
526 RXR Plaza
Uniondale, New York 11556
Phone: 516.832.7000

Counsel for Donald Trump Jr. and Eric

Trump
FILED: NEW YORK COUNTY CLERK 06/20/2024 01:25 PM INDEX NO. 452564/2022
NYSCEF DOC. NO. 1767 RECEIVED NYSCEF: 06/20/2024

Exhibit A

Definitions

1. As used herein, the terms “all,” “any,” “each,” and “every” shall be construed

to mean “all, any, each, and every,” as necessary to bring within the scope of these requests for

production any information or documents and things that might otherwise be construed to be

outside their scope. In no event shall the use of the term “all,” “any,” “each,” or “every” be

construed to narrow the scope of any request.

2. As used herein, the terms “and” and “or” shall be construed either disjunctively

or conjunctively as necessary to bring within the scope of these requests any information or

documents and things that might otherwise be construed to be outside of their scope. In no event

shall the use of the term “and” or “or” be construed to narrow the scope of any request.

3. As used herein, “Communication” means any correspondence, disclosure,

transfer, or exchange of information or opinion, and any process by which information is

transmitted, however made, and shall include written communications and oral communications,

including, but not limited to, any audio or visual recordings. Communications produced shall

include those made via email or any messaging platform, including, but not limited to, iMessage,

text message, WhatsApp, Signal, Telegram, Viber, Facebook, Instagram, LinkedIn, Twitter, and

Wire Secure.

4. As used herein, “Document(s)” is used in the broadest sense contemplated by the

CPLR and includes hard copy Documents and electronically stored Documents. The term

“Document(s)” further means any medium upon which intelligence or information is recorded or from

which intelligence, data or information can be recorded, retrieved, or perceived, with or without the

use of detection devices, including detection devices other than the operating system and programs
FILED: NEW YORK COUNTY CLERK 06/20/2024 01:25 PM INDEX NO. 452564/2022
NYSCEF DOC. NO. 1767 RECEIVED NYSCEF: 06/20/2024

installed on any of Your computers, and further means any written, printed, typed, imputed, recorded

or graphic matter, however entered, produced, reproduced or stored, including all computer hard

drives on which is resident data or information relevant to or concerning the documents, data, and

information sought by this subpoena, and including the originals and all non-identical copies,

whether different from the originals by reason of any notations made on such copies or otherwise,

in the actual or constructive possession, custody or control of You, including, but not limited to,

contracts, letter agreements, records, correspondence, e-mails, faxes, memoranda, voice or

handwritten notes, records, summaries of negotiations, records or summaries of interviews or

conversations, audio or video recordings, photographs, corporate minutes, diaries, reports, drafts of

reports, emails, notes of phone conversations, letters, telephone logs, schedules, drawings, statistical

statements, work papers, disks, data cards, films, data processing files, charts, graphs, microfiche,

microfilm, contracts, notices, reports, recitals, statements, worksheets, abstracts, resumes,

summaries, jottings, market data, books, journals, ledgers, audits, maps, diagrams, research

documents, newspapers, appointment books, desk calendars, expense reports, computer printout

and other computer readable records, and all drafts or modifications thereof, and all non-identical

copies of any such items. Any such document bearing on any sheet or part thereof any marks such

as initials, stamped indices, comments or notations or any character or characters which are not part

of the signed text or photographic reproduction thereof is to be considered as a separate document.

Where there is any question about whether a tangible item otherwise described in this Request falls

within the definition of “Document(s),” such tangible item shall be produced.

5. As used herein, “You” and “Your” shall mean Adam Leitman Bailey, Esq. and

the law firm of Adam Leitman Bailey, P.C.

6. As used herein, the “Action” shall mean the above-captioned action.

FILED: NEW YORK COUNTY CLERK 06/20/2024 01:25 PM INDEX NO. 452564/2022
NYSCEF DOC. NO. 1767 RECEIVED NYSCEF: 06/20/2024

7. The terms “relating to,” “related to,” “regarding,” “reflecting,” and

“concerning” are used in their broadest sense and include all matter directly or indirectly

embodying, containing, comprising, indicating, concerning, referring to, reflecting, relating to,

regarding, mentioning, identifying, describing, discussing, involving, evidencing, or otherwise

pertaining to, arising out of, or in connection with (whether legally, logically, or factually) the

referenced subject, including the referenced subject itself, in whole or in part.

8. As used herein, the “Court’s Staff” shall include, but not be limited to, Allison

R. Greenfield, Esq. and Garth A. Johnston, Esq.

9. As used herein, “News Outlet” shall include, but not be limited to,

organizations that gather, analyze, and disseminate news to the public through various platforms

such as newspapers, television, radio, and internet.

10. As used herein, “Person” and “Persons” shall mean any natural person,

corporation, company, partnership, joint venture, firm, association, proprietorship, agency,

board, authority, commission, office or other business or legal entity, whether private or

governmental.

Instructions

1. These requests call for all responsive documents or information in Your

possession, custody, or control.

2. If, in responding to any of these requests, You encounter any ambiguity in

construing either the request or a definition or instructions relevant to it, set forth the matter

deemed ambiguous and the construction selected or used in responding to the request.
FILED: NEW YORK COUNTY CLERK 06/20/2024 01:25 PM INDEX NO. 452564/2022
NYSCEF DOC. NO. 1767 RECEIVED NYSCEF: 06/20/2024

3. Documents produced in response to these requests should be produced as they are

kept in the usual course of business or should be organized and labeled to correspond with the

categories in the request.

4. References to any natural person shall be deemed to include that natural person’s

agents, attorneys, representatives, current and former employees, successors, and any person

acting or purporting to act on that person’s behalf.

5. References to any non-natural person (e.g., corporation, partnership, etc.) shall be

deemed to include any of that entity’s predecessors or successors in interest, parents,

subsidiaries, affiliates, divisions, departments, officers, and for each of the foregoing, any present

or former trustees, officers, directors, attorneys, advisors, representatives, employees, agents,

accountants, and any other person(s) acting on its or their behalf.

6. These requests are continuing in character and require further response if

additional documents or information are obtained or located after the time of initial production.

7. If You are withholding or intend to withhold any document (or any part of a

document) on the basis of an objection, please so state in Your response. If You learn after

providing written responses to these requests that You are withholding one or more documents

based on any objection, and such documents are not individually identified on a privilege log,

please promptly inform Defendants of the same. If You note an objection but indicate that

responsive documents are nonetheless being produced, we will construe Your statement as a

representation that You are producing all documents responsive to the request notwithstanding

the objection, save for any documents that are identified on a privilege log.

8. All documents produced in response to these requests should be Bates stamped or

otherwise marked in sequential order.

FILED: NEW YORK COUNTY CLERK 06/20/2024 01:25 PM INDEX NO. 452564/2022
NYSCEF DOC. NO. 1767 RECEIVED NYSCEF: 06/20/2024

9. The use of the singular form of any word includes the plural, and the use of the

plural form of any word includes the singular.

10. The use of the past tense includes the present tense, and vice versa, as necessary

to bring within the scope of each request all responses that might otherwise be considered

outside its scope. Whenever a term is used in the present, past, future, subjunctive, or other

tense, voice, or mood, it shall also be construed to include all other tenses, voices, or moods.

11. To the extent not otherwise defined, all words shall have their usual and ordinary

meaning as the context of the request would indicate.

12. The time period covered by these requests is from June 1, 2017, through the date

of Your response.

Documents To Be Produced

1. Documents and Communications relating to the Action.

2. Communications and documents relating to communications between You and

the Hon. Arthur F. Engoron, J.S.C., or any member of the Court’s Staff.

3. Communications and documents relating to communications between You and

the Hon. Arthur F. Engoron, J.S.C., or any member of the Court’s Staff relating to the Action,

including any legal or factual issues raised thereby.

4. Documents exchanged between You and the Hon. Arthur F. Engoron, J.S.C., or

any member of the Court’s Staff relating to the Action, including any legal or factual issues

raised thereby.

5. Communications and documents relating to communications between You and

NBC New York or any agent(s) thereof regarding the Action, including any legal or factual

issues raised thereby.

FILED: NEW YORK COUNTY CLERK 06/20/2024 01:25 PM INDEX NO. 452564/2022
NYSCEF DOC. NO. 1767 RECEIVED NYSCEF: 06/20/2024

6. Communications between You and NBC New York or any agent(s) thereof

regarding the Hon. Arthur F. Engoron, J.S.C., or any member of the Court’s Staff.

7. Documents provided by You to Jonathan Dienst and/or Melissa Russo and/or

any agent(s) thereof regarding the Action, including any legal or factual issues raised thereby.

8. Documents provided by You to Jonathan Dienst and/or Melissa Russo and/or

any agent(s) thereof regarding the Hon. Arthur F. Engoron, J.S.C., or any member of the Court’s

Staff.

9. Communications between You and Jonathan Dienst and/or Melissa Russo

and/or any agent(s) thereof regarding the Action, including any legal or factual issues raised

thereby.

10. Communications between You and Jonathan Dienst and/or Melissa Russo

and/or any agent(s) thereof regarding the Hon. Arthur F. Engoron, J.S.C., or any member of the

Court’s Staff.

11. Communications between You and any News Outlet regarding the Action,

including any legal or factual issues raised thereby.

12. Communications between You and any News Outlet regarding the Hon. Arthur

F. Engoron, J.S.C., or any member of the Court’s Staff.

13. Documents provided by You to any News Outlet regarding the Action,

including any legal or factual issues raised thereby.

14. Documents provided by You to any News Outlet regarding the Hon. Arthur F.

Engoron, J.S.C., or any member of the Court’s Staff.