'When they go to trial, I see them waving a white flag': Trump biographer and legal expert warns heirs of legal danger
Ivanka, Eric and Donald Trump Jr. -- Trump campaign

Biographer of Donald Trump, David Cay Johnston, explained Thursday that "The Donald" isn't the only one in a tough position as he heads into court over the fraud alleged by New York Attorney General Letitia James.

Speaking to MSNBC's Nicolle Wallace, Johnston, along with former assistant Attorney General Harry Litman explained that the so-called children of Donald Trumps aren't minors, they're the executive vice presidents of his company. They had specific projects under the Trump Org. and were said to have taken over the business while Trump was in the White House.

"So, this is one of the things that James has really added to the public record," Litman explained. "People like David and Michael Cohen have given the general kind of parameters of the way they ran their business. But James has, you know, Eric and Ivanka -- by the way, took the 5th 500 times. So, all those problems for him. Ivanka, who, by the way, has political ambitions. So, that increases the pressure on her and Donald Jr. all have specific projects that Trump parcels out to them to take responsibility for. It's laid out in real detail in the 200-page complaint. So, it will be very hard to run away from."

Litman explained that there will be questions about whether the heirs can be peeled off and willing to save themselves up against their father or the other sibling. That could be difficult in this situation because the family is likely to split.

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"They have not just the title but the responsibility and in the case of the fraud for the particular projects they were responsible for, the proof is very strong against them," he continued.

Johnston explained that one concern is likely whether the sons will be thrown under the bus by their father, "if it becomes convenient to do so." He noted that the elder Trump has never had a problem doing something like that if it means he can escape.

"And if push comes to shove, I expect he will do exactly that," said Johnston. "So, the two sons are not minor players here. They ran the business as Donald said. They worked with him for years. This is a complete change from when they were teenagers and their father had divorced their mother, Ivana who died recently, and they denounced him. But with very high-paying jobs, he drew them back. I don't think the two sons could go out in corporate America and get jobs with anywhere near the pay and methods that daddy has provided them with."

For Eric Trump, in particular, was allegedly involved in a lot of the deception that took place in the Trump Org.

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"They're going to have an equally tough time. I'll be surprised if this actually goes to trial," Johnston confessed. "If Trump agrees to close the Trump Organization, pay the discount of $250 million in penalties that are sought, then I think that's the more likely outcome in this because the factual case that Attorney General James laid out is apparent that key insiders walked away with the civil vision."

Litman noted that the next move would likely be a crazy legal motion just as he's had in previous cases.

"I think she can exact a very, very high price for them to settle," Litman also explained. "I think it has to be, and it may not be for a year or two. He always likes to delay. But when we're looking at trials, I see them waving a white flag."

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'When they go to trial I see them waving a white flag': Trump biographer youtu.be