Former President Donald Trump showed up Wednesday for questioning under oath in New York's civil investigation into his business practices. But he quickly made clear he wouldn't be answering.
against self-incrimination. It's a constitutional right that gets high-profile exposure in settings from Congress to TV crime shows, but there are nuances. Here's what it means - and doesn't - to "plead the Fifth."The Fifth Amendment to the U.S. Constitution establishes a number of rights related to legal proceedings, including that no one "shall be compelled in any criminal case to be a witness against himself.
Over time, the Fifth Amendment's protections have been understood to cover witnesses - not just defendants - in criminal and civil courts and other government settings. The Supreme Court has even held that Fifth Amendment rights protected the jobs of public employees who were fired after refusing to testify in investigations unless they got immunity from prosecution.
But "the courts have generally thought that they should give the benefit of the doubt to someone who might be criminally prosecuted, rather than force someone to testify and then learn: 'Whoops!'" Cassell said.Yes, it's not necessarily all-or-nothing. But even deciding to answer selectively could be risky: Responding to one question can enable the other side to argue that the witness can't refuse to answer other, related questions.
CAN WE GET BACK TO TRUMP? HE'S BEING QUESTIONED IN A CIVIL INVESTIGATION. CAN HE CLAIM THERE'S POTENTIAL FOR CRIMINAL PROSECUTION? Meanwhile, other fruits of James' probe led the DA's office to bring criminal tax fraud charges against the Trump Organization and its finance chief. The defendants have pleaded not guilty in that case, which involves claims of off-the-books compensation.In the past, Trump has repeatedly suggested that only people with something to hide avail themselves of the protection against self-incrimination. He once declared that "the mob takes the Fifth.
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