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gab13by13

(21,416 posts)
Fri Dec 10, 2021, 12:15 AM Dec 2021

Trump will plead the 5th.

Letitia James has the goods on Trump, she doesn't need him to testify. What will Trump do? He will plead the 5th like a criminal, then he doesn't have to show up for the deposition. Pleading the 5th can be used against him in James civil trial but not in Vance's criminal trial.

I am sure that in the civil trial that Trump will try to blame his accountant or someone else, but he signed off on documents that James has. The civil trial is going to cost trump a boat load of money and not just for taxes, he also defrauded investors.

Trump is caught between a rock and a hard place.

Hopefully, Vance's criminal trial to follow.

Just my opinion. I know it will be hard for Trump to plead the 5th but he will blame his lawyers for that also.

Anyone else? We will know shortly.

25 replies = new reply since forum marked as read
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Trump will plead the 5th. (Original Post) gab13by13 Dec 2021 OP
I suspect he will just say he was too busy to handle tax filings, etc., and Hoyt Dec 2021 #1
Experts I listened to are saying that gab13by13 Dec 2021 #7
Maybe, certainly possible and hope so. But if she has goods, why delay charges? Hoyt Dec 2021 #9
"then he doesn't have to show up for the deposition" brooklynite Dec 2021 #2
A former prosecutor on Lawrence O'Donnell gab13by13 Dec 2021 #5
They are only speculating. That is not typical but James has every legal right to require him to hlthe2b Dec 2021 #20
Ms. James must know stuff we don't. OAITW r.2.0 Dec 2021 #3
There is no blanket pleading the fifth which allows not showing up... RockRaven Dec 2021 #4
You are talking about a trial, gab13by13 Dec 2021 #6
I'm not talking about a trial, I'm talking about what the limits are. One of your own replies notes RockRaven Dec 2021 #15
MAKE HIM LOSE HIS SHIT. YES. Captain Zero Dec 2021 #22
RockRaven is correct. Unless James-- for reasons unclear-- lets him out of showing up, he HAS TO. hlthe2b Dec 2021 #19
No. He is speaking to a legally-enforced deposition session. He must appear unless James hlthe2b Dec 2021 #21
Is there a recording of him saying that only criminals plead the fifth? Kablooie Dec 2021 #8
This. Sogo Dec 2021 #12
He can't keep his trap shut! UTUSN Dec 2021 #10
That's exactly why he won't show up for the deposition. gab13by13 Dec 2021 #13
He has to show up in order to plead, don't he? UTUSN Dec 2021 #14
Not true. He must appear to plead the fifth. hlthe2b Dec 2021 #18
In James' civil trial she doesn't have to prove intent. gab13by13 Dec 2021 #11
"If you're innocent why are you taking the Fifth Amendment?" Ohio Joe Dec 2021 #16
Pleading the FIfth does not allow him NOT to show up for the deposition. Quite the contrary. hlthe2b Dec 2021 #17
Can't wait for this criminal POS tRump to be frog marched to the penitentiary. InAbLuEsTaTe Dec 2021 #23
Trump couldn't plead the fifth. blueinredohio Dec 2021 #24
Trump says only gangsters plead the fifth. I expect him to spill his guts librechik Dec 2021 #25
 

Hoyt

(54,770 posts)
1. I suspect he will just say he was too busy to handle tax filings, etc., and
Fri Dec 10, 2021, 12:33 AM
Dec 2021

hired people to handle that.

Of course, they can still fine the organization and charge his CFO, etc. State will try to get them to flip, but it’s going to take some written or recorded evidence of trump telling them to cheat.

gab13by13

(21,416 posts)
7. Experts I listened to are saying that
Fri Dec 10, 2021, 12:58 AM
Dec 2021

James wouldn't have requested Trump to do a deposition if she didn't already have the goods on him. They are surmising she has signed documents, signed by whom I don't know. James is looking at 3 Trump properties is their opinion. David K. Johnston believes it involves a lot of money.

brooklynite

(94,756 posts)
2. "then he doesn't have to show up for the deposition"
Fri Dec 10, 2021, 12:33 AM
Dec 2021

Not true. He has the right to plead the fifth, but he can't do it in advance, since he doesn't know what specific questions will be asked.

gab13by13

(21,416 posts)
5. A former prosecutor on Lawrence O'Donnell
Fri Dec 10, 2021, 12:49 AM
Dec 2021

said that if Trump lawyers respond to James that Trump will plead the 5th then James will not make him show up for the meeting. It would be another story for the trial.

hlthe2b

(102,398 posts)
20. They are only speculating. That is not typical but James has every legal right to require him to
Fri Dec 10, 2021, 04:52 AM
Dec 2021

show up to plead the fifth.

OAITW r.2.0

(24,646 posts)
3. Ms. James must know stuff we don't.
Fri Dec 10, 2021, 12:34 AM
Dec 2021

And the fact that she's staying and running for another terms seems to be a signal that her future will be way more enhanced by making the case against DJT then running for another elective office, today.

RockRaven

(15,018 posts)
4. There is no blanket pleading the fifth which allows not showing up...
Fri Dec 10, 2021, 12:46 AM
Dec 2021

Question by question is how it goes.

RockRaven

(15,018 posts)
15. I'm not talking about a trial, I'm talking about what the limits are. One of your own replies notes
Fri Dec 10, 2021, 01:29 AM
Dec 2021

that if his lawyers say he's gonna invoke the fifth then James will not make him show up. Note the emphasis added. Make him. If there's even a question of "will she or won't she?" then baked into that convo is the premise that it is possible. If it were not possible, the phrasing would be "she can't" instead of "she won't."

Imagine the extreme case: is it theoretically possible to construct any scenario where a witness has absolutely no exposure to self-incrimination of any kind while still having any relevant knowledge/evidence? Yes, like almost everything in law there are conceivable theoretical cases.

He can be compelled to show up. It's a waste of everyone's time, so it isn't done. It would seem unprofessional, or like a stunt. But it is possible. Don't conflate what is done with what can be done.

Because it is TFG, though, I say turnabout is fair play when it comes to political stunts intended to tweak people's noses. Make him repeat that same line a couple hundred times while the questioner pokes at him with all of the crimes and bullshittery and embarrassing crap they know about. Make him stew, make him sweat, make him lose his shit.

hlthe2b

(102,398 posts)
19. RockRaven is correct. Unless James-- for reasons unclear-- lets him out of showing up, he HAS TO.
Fri Dec 10, 2021, 04:50 AM
Dec 2021

in order to plead the fifth. That's not how these things work. Depositions in civil cases STILL require compliance--even if one chooses to plead the fifth.

hlthe2b

(102,398 posts)
21. No. He is speaking to a legally-enforced deposition session. He must appear unless James
Fri Dec 10, 2021, 04:53 AM
Dec 2021

decides for reasons of her own not to enforce it.

Kablooie

(18,641 posts)
8. Is there a recording of him saying that only criminals plead the fifth?
Fri Dec 10, 2021, 01:09 AM
Dec 2021

If so it needs to be played loudly whenever he enters or leaves a courthouse.

UTUSN

(70,748 posts)
14. He has to show up in order to plead, don't he?
Fri Dec 10, 2021, 01:23 AM
Dec 2021

And the way his mouth and brain work, he might plead and then proceed to blab away - not to questions!1






hlthe2b

(102,398 posts)
18. Not true. He must appear to plead the fifth.
Fri Dec 10, 2021, 04:48 AM
Dec 2021

Unless James, for reasons of her own elects to allow him not to show up after his lawyer attests. But this would be unusual. Depositions, just like trials REQUIRE the individual to show up to be asked each question to which they can then "plead the fifth."

gab13by13

(21,416 posts)
11. In James' civil trial she doesn't have to prove intent.
Fri Dec 10, 2021, 01:12 AM
Dec 2021

The civil trial will be about documents, not a complicated set of issues. The Trump Organization could be out hundreds of millions of dollars.

Vance's criminal case is a horse of a different color. This is where Trump will blame his accountant or his maid or whoever. The criminal trial must prove criminal intent, a much higher bar.

Ohio Joe

(21,766 posts)
16. "If you're innocent why are you taking the Fifth Amendment?"
Fri Dec 10, 2021, 01:31 AM
Dec 2021

Makes him look weak and stupid... I like it

hlthe2b

(102,398 posts)
17. Pleading the FIfth does not allow him NOT to show up for the deposition. Quite the contrary.
Fri Dec 10, 2021, 04:47 AM
Dec 2021

These are court-ordered depositions and just like trial subpoenas, he must appear. Unless James (for reasons of her own and in an extraordinary decision) allows him not to appear, he must do so to answer EACH question asked by "pleading the fifth."

If she allowed otherwise, this would be very unusual. This is not how it typically works--at all.

librechik

(30,677 posts)
25. Trump says only gangsters plead the fifth. I expect him to spill his guts
Fri Dec 10, 2021, 09:42 AM
Dec 2021

rather than admit he's a gangster. But then his guts will all be blatant admission of crimes. Which he can explain. At length. And expect sympathetic acceptance--loyalty even-- to his guts. No doubt his lawyers are trying to talk him out of his popelike infallibility right now.

Malicious narcissists are fairly predictable. They believe all their own lies.

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