Legal experts have questioned why Donald Trump did not invoke the Fifth Amendment when appearing for his second deposition in New York Attorney General Letitia James' business fraud lawsuit against his company.
https://www.newsweek.com/donald-trump-deposition-fifth-letitia-james-1794397
The former president arrived in New York on Thursday to answer questions as part of James' $250 million lawsuit alleging that The Trump Organization inflated or undervalued the worth of a number of assets and properties to obtain benefits such as better bank loans and reduced tax bills.
Trump last appeared for a deposition in the civil case in August 2022, but invoked his Fifth Amendment protection against self-incrimination hundreds of times rather than answering the questions.
In a statement on Thursday, Trump's attorney Chris Kise confirmed that the former president spent "nearly seven hours" answering questions in New York as part of his latest deposition hearing.
"The transactions at the center of this case were wildly profitable for the banks and for the Trump entities," Kise said. "When the facts of this success, and not politically engineered soundbites, are out in the open, everyone will scoff at the notion any fraud took place."
Former President Donald Trump arrives at Trump Tower on April 13, 2023, in New York City. Legal experts have questioned why Donald Trump did not invoke the Fifth Amendment when appearing for his second deposition in New York Attorney General Letitia James' business fraud lawsuit against his company. Getty Images/James Devaney/GC Images
Katie Phang, a lawyer and MSNBC legal analyst, suggested that it was a "colossal mistake by Trump to testify today before James' office, let alone for 7 hours..."
Responding to Phang's tweet, Dave Aronberg, a state attorney for Palm Beach County, Florida, said he was "shocked" that Trump "didn't invoke the Fifth" on Thursday.
"Same," Phang replied. "He still has serious exposure from the asset fraud investigations."
On April 4, Trump become the first U.S. president in history to be charged with a crime as part of Manhattan District Attorney Alvin Bragg's investigation into allegations of falsified business records in relation to hush money payment to adult film star Stormy Daniels to keep an alleged affair she had with the former president a secret ahead of the 2016 presidential election.
The $130,000 sum was listed by The Trump Organization as legal fees when Trump's former lawyer and fixer Michael Cohen was reimbursed for the money he gave to Daniels, which prosecutors allege amounted to a violation of federal election laws.
Trump pleaded not guilty to all 34 charges against him, leading to speculation that the former president would invoke his Fifth Amendment right again while appearing for his deposition under James' case in order to protect himself in the criminal investigation.
Former federal prosecutor Renato Mariotti said it was "interesting" that Trump decided not to take the Fifth during his deposition, especially as he repeatedly did so last time.
"Typically when a defendant is indicted, that makes him *more* likely to take the Fifth, not less," Mariotti said.
Replying to Mariotti's post, Eric Columbus, a former Department of Justice official, speculated that Trump decided not to invoke the Fifth on Thursday as he "may have (reasonably) concluded that the limited scope of the indictment, coupled with press reports, indicates that the Manhattan DA isn't pursuing any other charges against him."
Trump previewed his deposition hearing in a Truth Social post on Thursday, where he attacked the case and accused James, who is Black, of being "racist" towards him.
"Just arrived in Manhattan for a deposition in front of New York State's RACIST, TRUMP HATING Attorney General, Letitia 'Peekaboo' James, in another unjust & ridiculous persecution of The 45th President of the United States," Trump wrote.
"I built a GREAT & prosperous company, employed thousands of people, built magnificent structures all over the World, but particularly in New York, & now have to prove it to this LOWLIFE who campaigned on a 'I will get Trump' platform, even before knowing anything about me!"
Trump's office has been contacted for comment via email.