The New York State Supreme Court's Appellate Division has denied former President Trump’s motion to delay his fraud trial, so the trial will proceed on Monday as planned.
Fifth or not, if he gets called to the stand, he goes on it. Then he gets to sit there and make his own decisions, under oath, about how to respond to questions.
Oh of course - that would be the case whether it was civil or criminal. New information comes to light that reveals additional crimes or liabilities, AG would need to look at whether those are prosecutable.
All they have to do is put him on the stand and say something like “the libs say you’re the worst at dodging taxes, that you pay so much tax you practically give it away to poor people” to which he’d go on a 17 minute tirade about how he doges taxes bigger than anyone in the world and it’s all political and ok to do because he very smart man.
The 5th works differently in a civil trial in a really important way. In a civil case the jury is allowed to assume he’s guilty when he pleads the 5th.
The prosecution could say something like “Wow. You are pleading the 5th to A LOT of these questions. That looks really bad. Undoubtedly you know this. Yet you seem to have determined that providing an answer would be even worse for you.”
Almost no one bothers because nearly everyone would plead the fifth. It’s expected in court as the defendant.
I guess they’re banking on Trump being that self important.
Fifth or not, if he gets called to the stand, he goes on it. Then he gets to sit there and make his own decisions, under oath, about how to respond to questions.
In a criminal case, “jurors cannot get information about a defendant’s refusal to answer questions or go on the witness stand in their defense.” But this is a civil case. “The protections you have in criminal prosecutions when taking the fifth do not apply in a civil case. A jury [or the judge, in this case] is free to make an adverse inference if you plead the fifth in a civil trial.”
Call him up.
And I believe things that come to light as a result can lead to further civil and criminal charges?
Oh of course - that would be the case whether it was civil or criminal. New information comes to light that reveals additional crimes or liabilities, AG would need to look at whether those are prosecutable.
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There’s only one bank that will do business with him as it is…
I did Nazi that coming
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That doesn’t change the nature of the Fifth Amendment in relation to a civil case. When it is a bench trial, the judge is the juror.
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You said lawyers twice
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All they have to do is put him on the stand and say something like “the libs say you’re the worst at dodging taxes, that you pay so much tax you practically give it away to poor people” to which he’d go on a 17 minute tirade about how he doges taxes bigger than anyone in the world and it’s all political and ok to do because he very smart man.
Just ask him who has the best golf courses, the most luxurious, the most valuable. Or maybe who’s the best at avoiding taxes…
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The 5th works differently in a civil trial in a really important way. In a civil case the jury is allowed to assume he’s guilty when he pleads the 5th.
The prosecution could say something like “Wow. You are pleading the 5th to A LOT of these questions. That looks really bad. Undoubtedly you know this. Yet you seem to have determined that providing an answer would be even worse for you.”
Or something like that. I’m not a lawyer.