Former President Donald Trump appeared Wednesday for questioning under oath in a New York civil investigation into his business practices. However, he immediately made it clear that he would not answer.
The former president has issued a statement that he has done nothing wrong, but he hasthe Fifth Amendmentthat he is self-incriminating. He said he was exercising protection against sin. It's a constitutional right to grab attention from Congress to television crime shows, but there are nuances. This is what it means to "beg (or "take") the fifth" and not.
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'Fifth'.
The Fifth Amendment to the United States Constitution provides for a number of rights relating to legal proceedings. Testify against yourself."
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In the most direct sense, this is . } What is the idea behind it?
"It reflects many of our fundamental values and highest aspirations," the Supreme Court wrote in 1964.
Among these ideals: being tortured into confession or being forced into the court's "cruel trilemma of self-blame, perjury or disrespect".
Decades ago, courts also questioned the credibility of coerced confessions.
The Amendment specifically refers to criminal cases. How does it apply to civil investigations?
Over time, Fifth Amendment protections cover witnesses as well as defendants in criminal and civil courts and other governmental bodies. came to be understood. The Supreme Court even held that Fifth Amendment rights protected the jobs of civil servants.
The Fifth Amendment that follows the ad also supports the famous Miranda warning } police detention The right to remain silent and to obtain legal representation while being questioned at the scene.
Are there any restrictions?
Under what became legal standards, witnesses must face real risk of criminal prosecution. , he said Paul Cassell. Professor of criminal law at the University of Utah. This means that you will be prosecuted in US courts. There is sometimes controversy as to whether the
rights have been improperly exercised. The interrogator may ask the judge to declare that someone needs to answer.
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However, " Courts generally should give the benefit of Rather than coercing someone to testify and then learning to say "wow", doubt Please embrace Cassell said.
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Okay. Those taking the fifth can answer some questions but not others.
Yes, It's not necessarily all or nothing. But even just deciding to respond selectively is risky. Answering one question allows the opposing side to argue that witnesses cannot refuse to answer other related questions. Another concern: seemingly safe questions may be meant to build evidence about claims that haven't yet entered the witness's radar.
Invoking protection disables .
Legally, it depends on . In a criminal case, the prosecutor cannot comment on the defendant's refusal to testify, and the jury cannot advise that the defendant's silence be taken as a sign of guilt. you can't. The Supreme Court said allowing that reasoning would punish defendants who merely took advantage of constitutional protections. Continued
However, in civil proceedings, jurors are usually permitted to remain silent about defendants or witnesses.
and the Court of Public Opinion.
" Does it look bad? In the general public's understanding, yes," says Howard University criminal law professor Renese Herbert. "But that is only the result of poor civic education." well remind students that it is the defense attorney's job to make sure. } The jury understands that the client has the right not to take the position of .
Can we go back to playing cards? He is being questioned in a civil investigation. Can he claim that criminal prosecution is possible?
Indeed, his lawyers have already argued that New York Attorney General Letitia James' civil investigation was essentially a fact-finding mission for Manhattan District Attorney Alvin Bragg's parallel criminal investigation.
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James, according to her research, a businessman-turned-politician company While the 234} Trump organization has inflated the value of real estate assets and sabotaged tax breaks for loans, insurance, and land donations. Trump denies allegations, Republicans investigation into political "witch hunt" by Democratic officials
Meanwhile, other findings of James' investigation lead the DA office to oppose the Trump organization and its financial chief. and filed a criminal tax fraud charge. Defendants have pleaded not guilty in this case, including claims for off-the-books compensation.
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What is Trump said about all this.
In the past, Trump has repeatedly suggested that protections against self-incrimination are available only to those who have something to hide. He once declared that "the mob will take the fifth".
But on Wednesday he said he had no choice.
"I once asked, 'If you are innocent, why adopt the Fifth Amendment?' Now I know the answer to that question," he said in a statement.
"The Constitution of the United States exists for exactly this purpose, and we should use it to protect ourselves from this malicious attack."
Trump's attorney, Ronald Fischetti, said he would advise Trump to choose No. 5 unless he was granted legal immunity for his response. However, Fischetti argued that the current publicity surrounding such choices could harm Trump's defense in the event of criminal charges. road.
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"How then can a jury be chosen?"
Three of Trump's adult children — Donald Jr., Ivanka, and Eric — have already been questioned. Eric Trump invoked the Fifth Amendment more than 500 times during his 2020 deposition, according to court filings. Donald Jr. and Ivanka reportedly took depositions recently, but it's still unclear if they took the fifth.
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