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

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

By Kurt Eichenwald On 10/31/16

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.

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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.

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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.

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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.

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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.

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In June 1975, more than 18 months after the government filed the case and with the Trumps still withholding potentially relevant records, the two sides struck a settlement. The agreement—which, like all civil settlements, did not contain an admission of guilt—compelled the Trumps to comply with federal housing regulations against discrimination, adopt specific policies to advance that goal, to notify the community that apartments would be rented to anyone, regardless of race, and meet other requirements.

The Trumps ignored these requirements and still refused to rent apartments to minorities, something the government proved by sending African-Americans and non-Hispanic Caucasians to pose as applicants. The government brought another complaint against the Trumps in 1978, who then agreed to a new settlement.

In that case, the government had the financial wherewithal to fight back against abuses of the courts and the discovery process by the Trump family. But many private litigants, who have to spend their own money and hire their own lawyers, have been ground down by Trump’s litigation-as-warfare-without-rules approach.

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he faced an array of similar lawsuits because he had licensed his name to developers around the world for projects that later collapsed. In each case, Trump had marketed the developments as his own, a claim contradicted by the sales contracts. A settlement in any of these cases might have encouraged other people who had lost deposits in a Trump-marketed development to file lawsuits against him.

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Beginning around 2003, the company wiped clear the data from everyone’s computers every year.

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