Trump won't be testifying before Manhattan grand jury: attorney
Donald Trump waves to supporters at the Peabody Opera House in Downtown Saint Louis in 2016. (

Donald Trump won't accept an invitation to testify before a Manhattan grand jury, according to his attorney.

The former president is under investigation for an alleged hush money payment to porn actress Stormy Daniels ahead of the 2016 election, but his defense attorney Joe Tacopina told ABC News that he would waive his right to testify before the panel.

"We have no plans on participating in that proceeding, Tacopina said. "Decision needs to be made still. There's been no deadline set, so we'll wait and see."

Tacopina refused to say whether Trump authorized the $130,000 payment by his former attorney Michael Cohen, who pleaded guilty to violating federal campaign finance law in connection with the payments, and declined to say whether he expects the former president to be indicted in the case.

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"I expect justice to prevail," he said. "If that's the case there shouldn't be an indictment."

Tacopina suggested Trump had been the victim of an extortion scheme.

"He's vehemently denied this affair, but he had to pay money because there was going to be an allegation that was going to be publicly embarrassing, regardless of the campaign," Tacopina said.

He also denied that Trump had falsified any financial records related to the payment.

"It's not a contribution to his campaign," Tacopina said. "He made this with personal funds to prevent something coming out false but embarrassing to himself and his family's young son. That's not a campaign finance violation, not by any stretch."