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Trump pleads the Fifth

Former President Donald Trump invoked his Fifth Amendment protection against selfincrimination as he testified under oath yesterday in the New York attorney general’s longrunning civil investigation into his business dealings.

About an hour after arriving at Attorney General Letitia James’ Manhattan offices, Trump announced that he ‘‘declined to answer the questions under the rights and privileges afforded to every citizen under the United States Constitution.’’

‘‘I once asked, ‘If you’re innocent, why are you taking the Fifth Amendment?’ Now I know the answer to that question,’’ the statement said. ‘‘When your family, your company, and all the people in your orbit have become the targets of an unfounded politically motivated Witch Hunt supported by lawyers, prosecutors and the Fake News Media, you have no choice.’’

During more than six hours at the office building, Trump used Truth Social, the social media platform he founded, to review the decor – ‘‘very plush, beautiful and expensive’’ – and to suggest the attorney general was squandering time investigating him instead of attending to crime in New York.

But after leaving about 3.30pm, local time, he described the encounter as ‘‘very professional’’ and added a plug for his ‘‘fantastic’’ company.

The questioning brought him face-to-face with an official he had called an ‘‘out-of-control prosecutor’’ and a racist. James, a Democrat, is the first Black person to hold her post.

James’ office declined to detail the interview, beyond saying that she personally took part in the deposition.

One of Trump’s lawyers, Ronald Fischetti, told The New York Times the former president answered one question, about his name, read a statement into the record in which he questioned James’ motives, then invoked the Fifth Amendment. Trump then said ‘‘same answer’’ to every question he was asked over several hours, Fischetti said.

As vociferous as Trump has been in defending himself in written statements and on the rally stage, legal experts said answering questions in a deposition was risky because anything he said could potentially be used against him in a parallel criminal investigation by the Manhattan district attorney. The Fifth Amendment protects people from being compelled to be witnesses against themselves in a criminal case.

If the attorney general’s investigation leads to a civil case against Trump and it went to trial, jurors could be told he invoked his protection against self-incrimination.

New York University law professor Stephen Gillers said he was surprised that Trump had done so, given his previous experience with depositions, a legal term for sworn testimony that’s not given in court.

‘‘Jousting with lawyers at depositions, while avoiding lying, is something he’s proud of,’’ Gillers said. ‘‘Perhaps his lawyers feared that his impetuosity would imperil him.’’ –AP

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2022-08-12T07:00:00.0000000Z

2022-08-12T07:00:00.0000000Z

https://fairfaxmedia.pressreader.com/article/281633899014704

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