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"(I)n recent correspondence, counsel for Mr. Trump have made clear that he is willing to appear pursuant to the subpoena and have also proposed four available dates after the Presidential election on November 3, 2020," lawyers for the Trump Organization wrote in a court filing Thursday.
"(C)ounsel for Mr. Trump proposed multiple dates beginning shortly after the election -- just two weeks later on November 19 -- because of Mr. Trump's extreme travel schedule and related unavailability between now and the election, and to avoid the use of his deposition attendance for political purposes," the attorneys added.
Last month, New York state Attorney General Letitia James' office asked a judge to enforce subpoenas for Eric Trump's testimony and documents as part of its investigation into whether the Trump Organization improperly inflated the value of certain assets. The office said Trump, who is executive vice president of the Trump Organization, initially agreed to be interviewed for the civil investigation in July but then abruptly canceled, "balking less than two days before he was scheduled by agreement to give testimony." At the time, Trump's lawyers said they refused to comply with the subpoena for his deposition "pursuant to those rights afforded to every individual under the constitution."
The Trump Organization lawyers wrote Thursday that enforcement of the subpoena is unnecessary as Eric Trump will testify. They also wrote that he had never refused to comply with testimony but that they asked for and did not receive assurances from the New York investigators that they have not and will not provide their investigative materials to any other law enforcement agency. The New York attorney general has the ability to make criminal referrals if the investigators believe a crime has been committed.
"Given all the circumstances and the fact that counsel's requested dates are, for all practical purposes, just 30 days after other scheduled depositions, and given the importance of avoiding any appearance of politicizing the investigatory process, we respectfully submit that the proposed dates are reasonable," the Trump Organization attorneys wrote.
James said in a statement Thursday, "While we cannot comment on the particular steps we're taking on specific litigation, we won't allow any entity or individual to dictate how our investigation will proceed or allow anyone to evade a lawful subpoena. No one is above the law, period."
Eric Trump has been campaigning for his father of late, appearing during the Republican National Convention last month, during which he made several misleading claims. He has been slated to host multiple campaign events for his father in recent weeks as Election Day looms, including in Portsmouth, New Hampshire, and in Saco, Maine, on Thursday afternoon.
The attorney general's office has been investigating President Donald Trump and the Trump Organization since 2019, when Trump's former attorney Michael Cohen testified before Congress that Trump's annual financial statements inflated the value of his assets in order to secure favorable loans and insurance coverage, but deflated the value of other assets in order to reduce real estate taxes.
James' office also seeks a judge to compel testimony from other witnesses and documents.
Allen Weisselberg, the chief financial officer of the Trump Organization, testified over two days in July. Trump's longtime tax attorney Sheri Dillon was also deposed but the state says she declined to answer certain questions.
Several Trump Organization properties' financial dealings are being scrutinized as part of the investigation, including Seven Springs Estate in Westchester County, New York; 40 Wall Street, a building in Lower Manhattan; Trump International Hotel and Tower Chicago; and Trump National Golf Club in Los Angeles.
This story has been updated with more details and a statement from New York state Attorney General Letitia James.
CNN's Sonia Moghe contributed to this report.
