During testimony on August 10 for the New York inquiry into his company, ex-President Trump reportedly said he chose not to respond to questions.
It’s Understandable
You have no option, Trump said, “when your family, your business, and everyone in your vicinity has been made the targets of a baseless, politically driven witch hunt sponsored by attorneys, judges, and the fake news media.”
No individual “shall be forced in any criminal prosecution to be a testimony against oneself,” according to the Fifth Amendment to the U.S. Constitution.
After a judge’s ruling in February, the questioning was finally conducted after several months of waiting.
BREAKING: as the NY AG investigation is civil (at this point), Trump's assertion of the 5th CAN be used against him if the AG brings a civil case, unlike in a criminal case. At this point, one would expect that civil suit to happen in short order. https://t.co/qTk3PwZw0Q
— Andrew Weissmann (@AWeissmann_) August 10, 2022
New York AG Letitia James, a Democrat who promised after the campaign to take action on Trump, started looking into the Trump Organization soon after she took office in 2019.
James claimed there was evidence of corruption found during the probe of Trump’s firm; she has sought a state court to force Trump and two of his children to testify.
Judge Arthur Engoron of the New York Supreme Court required testimony from Donald Trump, Eric Trump, as well as Ivanka Trump. The state’s top appeals court dismissed a petition in June.
According to Trump, he “refused to answer the queries under the privileges and rights provided to every person under the United States Constitution” based on the counsel’s recommendation.
James’ team has chosen not to respond.
Subpoenas
In December 2021, a summons for papers and evidence was issued.
Trump’s subpoena required him to show up in court and give evidence “as to what you know about the subject of an investigation by Letitia James, Attorney General of the State of New York.”
This is “having regard to New York State Executive Civil Procedure code 63(12), to ascertain if an activity or proceeding must be instated with respect to multiple violations of the Executive Law,” along with other demands.
The legislation in question covers unethical or criminal behavior.
Donald Trump pleads the 5th – invokes his 5th Amendment right against self-incrimination. Importantly, this CAN be used against him in the civil case. pic.twitter.com/XDFDfpvpA6
— Glenn Kirschner (@glennkirschner2) August 10, 2022
They were informed they were needed “to testify in link with an inquiry into the pricing of residences controlled or owned by Donald J. Trump or the Trump Organization or anything which the attorney general considers pertinent thereto.”
Donald Trump Jr., as well as Ivanka Trump, received this information. The Trump children were informed the testimony may be stenographically, visually, or audibly recorded.
James was attempting to “circumvent the grand jury safeguards” in the New York Constitution, according to Trump’s attorneys, who claimed evidence obtained through the civil subpoenas may be utilized in criminal prosecution.
Engoron ruled the civil inquiry had been continuing “without the least clue that it was a ploy to amass information for a criminal probe in the offing,” concluding the argument “totally misses the point.”
The Trumps also asked for depositions to be suspended. Delaying the sworn testimony until the appellate court dismissed the appeal was eventually effective for them.
This article appeared in Powerhouse News and has been published here with permission.
