11 Aug 2022 7:55 am
Trump took Fifth Amendment more than 440 times in refusing to answer New York attorney general’s questions
Former President Donald Trump invoked his Fifth Amendment right more than 440 times Wednesday in refusing to answer questions at a deposition by lawyers for New York Attorney General Letitia James, who is investigating the Trump Organization’s business practices, a source with knowledge of the session told NBC News.
Shortly after arriving at that court-ordered interview under oath at James’ offices in lower Manhattan, Trump released an email saying he would not answer any questions given the Fifth Amendment right barring people from being compelled to make self-incriminating statements.
Trump answered just one question — his name — and then cited the Fifth on every other question he was asked during the deposition, his lawyer Ronald Fischetti told NBC News.
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Trump’s refusal to answer questions was legal, and had been anticipated in the judicial order mandating his attendance at the deposition. But it could harm his chances of prevailing against James in any civil litigation she files in connection with her probe.
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Judge Arthur Engoron also wrote that if the Trumps invoked the Fifth Amendment, their refusal to answer questions cannot be used against them in a criminal prosecution.
But Engoron went on to note that a jury in a civil case is allowed to draw “a negative inference” when a party to the case “invokes that right against self-incrimination.” In other words, James could argue to a jury that it should assume Trump has conceded her claims against him by refusing to answer her questions.
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Former President Donald Trump invoked his Fifth Amendment right more than 440 times Wednesday in refusing to answer questions at a deposition by lawyers for New York Attorney General Letitia James, who is investigating the Trump Organization’s business practices, a source with knowledge of the session told NBC News.
Shortly after arriving at that court-ordered interview under oath at James’ offices in lower Manhattan, Trump released an email saying he would not answer any questions given the Fifth Amendment right barring people from being compelled to make self-incriminating statements.
Trump answered just one question — his name — and then cited the Fifth on every other question he was asked during the deposition, his lawyer Ronald Fischetti told NBC News.
...
Trump’s refusal to answer questions was legal, and had been anticipated in the judicial order mandating his attendance at the deposition. But it could harm his chances of prevailing against James in any civil litigation she files in connection with her probe.
...
Judge Arthur Engoron also wrote that if the Trumps invoked the Fifth Amendment, their refusal to answer questions cannot be used against them in a criminal prosecution.
But Engoron went on to note that a jury in a civil case is allowed to draw “a negative inference” when a party to the case “invokes that right against self-incrimination.” In other words, James could argue to a jury that it should assume Trump has conceded her claims against him by refusing to answer her questions.
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