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Trump invokes Fifth Amendment rights in deposition for New York AG James' civil investigation

By HatetheSwamp
August 10, 2022 7:44 am
Category: Crime

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Former President said he involved his Fifth Amendment rights, per the advice of his attorneys, during his deposition as part of New York Attorney General Letitia James’ civil investigation, calling it an "unfounded politically motivated Witch Hunt," adding that he had "no choice," due to the Biden administration and prosecutors across the nation having "lost all moral and ethical bounds of decency."

In a statement Wednesday morning, Trump said: "What Letitia James has tried to do the last three years is a disgrace to the legal system, an affront to New York State taxpayers, and a violation of the solemn rights and protections afforded by 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," he continued. "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."

"If there was any question in my mind, the raid of my home, Mar-a-Lago, on Monday by the FBI, just two days prior to this deposition, wiped out any uncertainty," Trump said. "I have absolutely no choice because the current Administration and many prosecutors in this Country have lost all moral and ethical bounds of decency."


Bingo!


Cited and related links:

  1. foxnews.com

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Comments on "Trump invokes Fifth Amendment rights in deposition for New York AG James' civil investigation":

  1. by Donna on August 10, 2022 10:06 am
    Well you know, there are a lot of witches.


  2. by HatetheSwamp on August 10, 2022 10:14 am

    Do I?


  3. by Donna on August 10, 2022 11:10 am
    Probably not.


  4. by islander on August 10, 2022 1:20 pm

    We always have a choice...We can choose to tell the truth, we can choose to lie, or we can choose to not answer the question.

    The intent of the right to remain silent was twofold, so the police could not torture a person into making a false confession,and so that a person would not be forced to lie in order not to be a witness against himself.

    When a person pleads the fifth we all can and do come to our own conclusion as to why the person refuses to answer a question.

    In a court of law however when someone pleads the fifth it is not supposed to be assumed that this is an admission of guilt.


  5. by oldedude on August 10, 2022 1:22 pm
    For him, it's better than answering any question and having it turned on him ala Mike Flynn. I can't blame him at all. It also makes them show their cards. My bet is most of their case is built on his answers. Their "proof" relied on that. Now they are required to make the case. As it should be.


  6. by Ponderer on August 10, 2022 3:53 pm

    You have a great point, od. Those sworn testimony thingies actually force people to purger themselves if they don't want to tell the truth. What chance does a career criminal like Trump have to stay out of prison in such circumstances? Either he lies and gives false testimony to hide his crimes and is guilty of pergery, or he admits to the crimes he committed by truthfully answering the questions. He was in a lose/lose situation. It's so unfair! He HAD to plead the 5th.


  7. by HatetheSwamp on August 10, 2022 3:56 pm

    The Bill of Rights, po, which your ilk often disparages, is our greatest gift.


  8. by Ponderer on August 10, 2022 4:29 pm

    It's a great thing that a person can't be forced to testify against themselves. It's a key part of our justice system.

    And the 5th is also the last refuge of a guilty person. Like Trump. There is no logical reason to not just tell the truth if it exonerates you. No reason at all.

    I am loving listening to all the old videos of Trump going off on people who plead the 5th. "Like they're in the Mafia."


  9. by HatetheSwamp on August 10, 2022 4:39 pm

    And the 5th is also the last refuge of a guilty person. Like Trump.

    You're such a true American. Innocent until proven guilty.


  10. by oldedude on August 10, 2022 5:19 pm
    Yup. Sounds like an oligarch in a despot country.


  11. by oldedude on August 10, 2022 6:05 pm
    Since pond didn't read as usual, Here's his quote. "“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.”"

    Again, I wouldn't help any of the assholes out. After what they did to him, Melania, Flynn, the members of his family, and many others, I'd tell them to piss up a rope. Half of the population of the US is wondering if the dims will use this power to come after them. If you own guns, you're a target of the same treatment or worse. If you disagree with the government, you're a target of the government. If you're a Republican, you're a target of the government. If you own land, you're a target of the government. All of these things have happened in other despot, shithole countries. The folks I talk to from Central American (now) despot shithole countries, have willingly talked about how they were taken over. They ran out of medical care, out of food, out of drinkable water. dysentery and other disease are the main killers in countries where the drug lords used to be the main killers.


  12. by oldedude on August 10, 2022 7:07 pm
    "When a person pleads the fifth we all can and do come to our own conclusion as to why the person refuses to answer a question."
    That violates the spirit of the fifth amendment. The court can take no prejudice regarding that. You, on the other hand have too much TDS to even appear to be somewhat fair handed in any circumstance.


  13. by Curt_Anderson on August 10, 2022 8:48 pm
    This is a civil case. Obviously telling the truth would implicate him in tax fraud, bank fraud or both. Lying is perjury and would be no doubt be revealed. The Fifth is Trump's best option. It's why mobsters take advantage of it. But the Fifth is not without risk.

    In civil cases, jurors may (or may not) be instructed that they can take into account a defendant’s decision to invoke the Fifth Amendment in weighing the facts. They may infer, for instance, that the defendant is hiding something, a legal concept known as a “negative or adverse inference.”

    In criminal cases, however, jurors are told that exercising the right against self-incrimination cannot be held against the defendant.


  14. by Donna on August 10, 2022 11:32 pm
    It's been reported that Trump took the fifth 400 times. It's a good thing for him that he didn't take the fifth more times than that, else the jury might have thought that he was hiding something.


  15. by HatetheSwamp on August 11, 2022 3:43 am

    Curt,

    Re: "This is a civil case."

    True enough, but this is a case brought by NY AG Letitia James.

    Considering the vast number of the denizens of the Swamp who've hounded Trump and harassed him, at this point, I think he'd'a been a fool not to take the Fifth.

    Sadly, as one of millions of GOPs who despise Trump, your lot is close to making Trump a martyr for democracy to a degree only surpassed by Abraham Lincoln.

    Enuff with the TDS already!



  16. by islander on August 11, 2022 3:58 am

    Having to presume a person is innocent until proven guilty in a court of law is not something we have to do if we believe the person committed a crime.

    

It is however, generally a protective rule in a court of law to insure that a person can’t be forced to lie rather than answer a question that might incriminate himself. We all know the history of why we need to have that right.

    Phony people, when it is convenient, will “say” they (and we) have to presume John Doe is innocent even if and when they really believe that person is guilty.

    A cop would live in a perpetual state of cognitive dissonance if he had to honestly believe that all the people he arrested were innocent. What the cop, or a prosecutor, or we ourselves can’t do is “legally” pronounce a person guilty without a trial, even if we saw the person commit the crime.




  17. by HatetheSwamp on August 11, 2022 4:28 am

    isle,

    You've seen that J6 Show Trial, where even Trump Jr. appeared in a brief clip appearing to condemn his father.

    When prosecutors defy due process, and are dishonest, they can do virtually anything.

    Every letter of the Bill of Rights exists to protect citizens from government intrusion into their life. At this point, Trump appears to be justified in distrusting the integrity of the Swamp.


    On Tuesday Pennsylvania’s GOP candidate for governor, Doug Mastriano...who is an Ultra-MAGA wacko...appeared before the J6 Committee under subpoena. .

    He walked out after about 15 minutes. His personal account of his brief appearance is that he requested that a complete recording of his testimony be provided to him so that his testimony could not be taken out of context. The J6 Committee refused.

    Interestingly, Mastriano doesn't want to take the Fifth. He wants to testify. But, he's seen how the Committee uses hearsay and rumor and gossip to make its case.

    In the end, if his demands that the Committee act with integrity are not met, he'll probably take the Fifth.

    Understand. No one is suggesting that Mastriano committed a J6 crime.

    Still, because the possibility that a government committee may abuse its authority, he may exercise his Bill of Rights right not to testify.

    This is why there's a Fifth Amendment.


  18. by islander on August 11, 2022 5:36 am

    "He walked out after about 15 minutes. His personal account of his brief appearance is that he requested that a complete recording of his testimony be provided to him so that his testimony could not be taken out of context. The J6 Committee refused."

    I'd have to have the complete story on that since:

    § 1080.9 Rights of witnesses in investigations.

    (a) Any person compelled to submit documentary material, tangible things, or written reports or answers to questions to the Bureau, or to testify in an investigational hearing, shall be entitled to retain a copy or, on payment of lawfully prescribed costs, request a copy of the materials, things, reports, or written answers submitted, or a transcript of his or her testimony. The Bureau, however, may for good cause deny such a request and limit the witness to inspection of the official transcript of the testimony. Upon completion of transcription of the testimony of the witness, the witness shall be offered an opportunity to read the transcript of his or her testimony. Any changes by the witness shall be entered and identified upon the transcript by the Bureau investigator with a statement of the reasons given by the witness for making such changes. The transcript shall then be signed by the witness and submitted to the Bureau unless the witness cannot be found, is ill, waives in writing his or her right to signature, or refuses to sign. If the signed transcript is not submitted to the Bureau within 30 calendar days of the witness being afforded a reasonable opportunity to review it, the Bureau investigator, or the individual transcribing the testimony acting at the Bureau investigator's direction, shall sign the transcript and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with any reasons given for the failure to sign.
    law.cornell.edu


  19. by HatetheSwamp on August 11, 2022 5:48 am

    Any person compelled to submit documentary material, tangible things, or written reports or answers to questions to the Bureau,...

    He's not been subpoenaed by the Bureau.

    No matter what else you may think about the J6 Committee, I presume that you acknowledge that it's been operating in an unusual way for a congressional committee.

    CNN and other outlets covered Mastriano's encounter with the Committee, but without specificity. He was accompanied by a lawyer. His personal account of his testimony is my only source for his claim. If he's lying he'd be easily busted.

    But, your "Bureau" link makes it clear that, beside the J6 Committee, what Mastriano says he requested is usual in American due process.


  20. by oldedude on August 11, 2022 5:48 am
    "This is a civil case. Obviously telling the truth would implicate him in tax fraud, bank fraud or both. Lying is perjury and would be no doubt be revealed. The Fifth is Trump's best option. It's why mobsters take advantage of it. But the Fifth is not without risk."
    I'm going to bring up the Flynn case again. Having watched a very successful man in retirement (almost) be ruined for sport and those that support it, are part of the despot oligarchs no better than Putin, Himmler, or the Taliban. With Trump, they're not interested in the truth. They're interested in "gotcha."

    Honestly, in the multiple classes I've taken regarding cases of self defense, They tell you to not say a word. Let the lawyers figure it out and don't get caught in a doublespeak entrapment. This isn't for "mobsters," it's for everyday people that are not lawyers to protect themselves against a machine hoping to put them in jail. Period.


  21. by oldedude on August 11, 2022 6:35 am
    CNN Legal Analyst: Of Course, Letitia James ‘Politicized’ Trump Investigation

    "Honig first said that Trump pleading the Fifth in a civil case could have could lead to “adverse inference” in which the jury who “can assume the worst” and cannot be used in a criminal investigation.

    “I think it’s worth noting here, John, Letitia James has politicized this investigation. She campaigned on ‘vote for me and I’ll nail Donald Trump.’ She had fundraised on it so that is not a ridiculous fear for him to have,” Honig said."

    Wow, the MSM is siding with Trump that his fear as he articulated it, is well founded.
    And yet we have these folks that support despot dictatorships that violate our Constitution.


  22. by oldedude on August 11, 2022 6:37 am
    Sorry, citation.
    dailycaller.com


  23. by HatetheSwamp on August 11, 2022 6:38 am

    I can't believe that po, and the whole ilk, won't see the danger.


  24. by oldedude on August 11, 2022 6:54 am
    "This is a civil case. Obviously telling the truth would implicate him in tax fraud, bank fraud or both. Lying is perjury and would be no doubt be revealed."

    Civil or criminal is the same in depositions and testimony. That's what we've been telling you regarding the J6 interrogation. Even CNN disagrees with you(all). So your TDS is worse than CNN. Pretty scary, no?


  25. by islander on August 11, 2022 7:24 am

    From what I have found so far those rules also apply to Congressional hearings. They only make sense.

    This is from an EPA site:

    What is the difference between a Congressional Transcript and Testimony Statement?

    A Congressional Transcript is a verbatim statement of the agency Witness given before a House or Senate Congressional Committee. The transcript is available only to the witness or to the program office within the Agency. After the transcript is edited for clarification and the Agency witness responds to follow up questions and all requests answered in the transcript, it is returned to the appropriate Committee for printing, and then it is released for the public.


  26. by oldedude on August 11, 2022 7:39 am
    So we know (by her admitting to it under oath) that cliton refused to turn over classified documents in the bathroom server in her home. By what your saying, FBI should have raided that house also. Got it. And she ADMITTED she destroyed evidence (cell phones, hard drives, etc) and 3,300 emails. That's 10 years/ $10k FOR EACH EMAIL. Her words while under oath, not Trumps.


  27. by oldedude on August 11, 2022 7:42 am
    The Environmental Protection Agency?


  28. by islander on August 11, 2022 8:35 am

    Are you saying that a witness does not have the right to have access to the transcript of his or her own testimony ?


  29. by oldedude on August 11, 2022 8:49 am
    No, I'm asking what you're cite was. If that was directed at me. I agree with you.

    They also need a copy of the original warrant, not one fabricated after the search and seizure has been done to see what they can fish out. THAT is a violation of the 4th and 6th amendment. IF this were on the up and up, that warrant would have been given to the lawyers. I say this because I don't believe the Bureau is being truthful in their warrant, or their search in the raid. I think the warrant is going to be changed to suit the FBI's needs for the J6, depending on what they find. THAT is illegal. Same thing with Scott Perry's phone.

    But like obomber, this is the most secretive administration since Jackson. And most of what he did was quid pro quo work...


  30. by islander on August 11, 2022 8:58 am

    Trump was given and has a copy of the warrant.


  31. by oldedude on August 11, 2022 8:10 pm
    Yeah, I heard that today.


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