In a 5-0 decision, the Appellate Division in Manhattan said James had established by "clear and convincing evidence" that Trump's response to the Dec. 1, 2021, subpoena was inadequate.
The court said Trump's claim that a diligent search had failed to uncover relevant documents in his possession, without explaining what steps were taken to ensure nothing would be lost or discarded, "prejudicially violated the lawful, clear mandate of the court, of which he had knowledge."