The Capital

Trump invokes 5th in probe of firm

Deposition is for a civil case launched by New York’s AG

- By Michael Balsamo, Michael R. Sisak and Michelle L. Price

NEW YORK — Donald Trump invoked his Fifth Amendment protection against self-incriminat­ion as he testified under oath Wednesday in the New York attorney general’s long-running civil investigat­ion into his business dealings, the former president said in a statement.

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.”

But after leaving around 3:30 p.m., he described the encounter as “very profession­al” and added a plug for his “fantastic” company.

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.

Also, if the attorney general’s investigat­ion leads to a civil case against Trump and it went to trial, jurors could be told that 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 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.”

Trump has undergone many deposition­s, dating to his career as a real estate developer. He has sometimes seemed to relish giving answers: For example, he said he was “pleased to have had the opportunit­y to tell my side” last October in a lawsuit brought by protesters who say his security guard roughed them up outside Trump Tower in 2015.

However, Trump invoked the Fifth Amendment to refuse to answer 97 questions in a 1990 divorce deposition.

Wednesday’s events unfolded two days after FBI agents searched Trump’s Mar-a-Lago estate in Florida as part of an unrelated federal probe into whether he took classified records when he left the White House.

New York’s investigat­ion is led by James, a Democrat who has said in court filings that her office has uncovered “significan­t” evidence that Trump’s company misled lenders and tax authoritie­s about the value of prized assets such as golf courses and skyscraper­s.

Trump has denied the allegation­s, contending that seeking the best valuations is a common practice in the real estate industry. He’s also accused James, who is Black, of racism in pursuing the investigat­ion.

In May, James’ office said that it was nearing the end of an investigat­ion against Trump, his company or both. The Republican’s deposition was one of the few remaining missing pieces.

The attorney general could decide to bring a lawsuit seeking financial penalties against Trump or his company, or even a ban on them being involved in certain types of businesses.

Two of Trump’s adult children, Donald Trump Jr. and Ivanka Trump, gave deposition­s in recent days, two people familiar with the matter said. The people were not authorized to speak publicly and did so on condition of anonymity.

It’s unclear whether Ivanka Trump or Donald Trump Jr. invoked the Fifth Amendment. Eric Trump, their brother, did so more than 500 times during a deposition in the same investigat­ion in 2020, according to court papers.

People generally don’t have a constituti­onal right to avoid questions in a civil lawsuit, but Trump’s legal team fought James’ attempt to question him for months, arguing that the district attorney’s parallel investigat­ion created a risk that Trump could face criminal charges. Lawyers in James’ office have assisted with that criminal investigat­ion.

Manhattan Judge Arthur Engoron ruled that James’ office had “the clear right” to question Trump and other principals in his company — though Trump also had a right to decline to answer questions because of the criminal case.

That criminal probe had appeared to be progressin­g toward a possible criminal indictment, but stalled after a new district attorney, Alvin Bragg, a Democrat, took office in January. A grand jury that had been hearing evidence disbanded. The top prosecutor who had been handling the probe resigned after Bragg raised questions internally about the viability of the case.

Bragg has said his investigat­ion is continuing.

 ?? JULIA NIKHINSON/AP ?? Former President Donald Trump leaves Wednesday for the New York attorney general’s Manhattan office.
JULIA NIKHINSON/AP Former President Donald Trump leaves Wednesday for the New York attorney general’s Manhattan office.

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