Trump could be in trouble if he takes the Fifth in civil case: CNN's Toobin
Donald Trump, Jr., Melania Trump, Donald Trump, Ivanka Trump and Eric Trump

On CNN Thursday, chief legal analyst Jeffrey Toobin outlined the biggest problem for former President Donald Trump if he has to plead the Fifth when testifying about his finances in the civil suit by the state of New York — which is now a strong possibility after a judge ruled he cannot be exempted from giving testimony.

"Former President Trump and his kids argued that sitting for a deposition would violate, they say, their constitutional rights; this judge certainly disagreed," said anchor Wolf Blitzer. "What do you make of this ruling?"

"Well, it was very straightforward," said Toobin. "This is a legitimate investigation, and the attorney general of New York has subpoena power, she subpoenaed the former president and his two children and they have a choice. They could testify, or they could take the Fifth. The problem with taking the Fifth is, first of all, it is embarrassing, but that is no bar to doing it, but in a civil case, as opposed to a criminal case, a jury could draw what is called an 'adverse inference.' The jury could assume, if it comes to that, that you did something wrong, that there is an incriminating answer there."

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"So that is why the Trump family wants to avoid having to take the Fifth," added Toobin. "But the answer to that is too bad. That is what the law is, and so it is not a surprise that the judge ruled this way."

Watch below:

Jeffrey Toobin says taking the Fifth could hurt Trump in civil trial