Former President Donald Trump and his two children Ivanka and Donald Trump Jr. lost a case Thursday trying to dodge questions in the New York Attorney General Office's civil fraud case against the Trump Organization.
According to CNN legal analyst Elie Honig, the Trumps are likely to appeal. The Trumps were given three weeks to appear and answer questions, so the Supreme Court would have to move quickly to decide whether to accept the case or uphold the New York Supreme Court decision.
"Assuming appeal is unsuccessful, Trump, Ivanka and Don Jr. must testify under oath," Honig explained. He anticipated that the Trumps would plead the Fifth Amendment against self-incrimination as Eric Trump did for six hours.
Former federal prosecutor Joyce White Vance agreed that Trump will likely plead the Fifth. It presents a political problem for Trump, who has attacked those who've done so in the past.
“The mob takes the Fifth,” Trump once declared.
Vance further said Trump will likely claim his Fifth Amendment plea is "not because he’s guilty but because NY prosecutors are running a witch-hunt and they’ll use what he says against him no matter what."
If that's the route Trump goes, fellow former federal prosecutor Renato Mariti explained, then Trump is between a rock and a hard place. Because this is a civil case, Trump pleading the Fifth means that it can be used in the Manhattan DA case. The jury in that case would be able to hear the context in which Trump pleaded the Fifth as part of the accusations against him.
See the full comments below:
What's next? \n\n(1) Trump appeals;\n\n(2) Assuming appeal is unsuccessful, Trump, Ivanka and Don Jr. must testify under oath;\n\n(3) Trumps likely take the Fifth, as Eric Trump did. Fifth cannot be used against anyone in a criminal proceeding, but can be used in a civil case.https://twitter.com/kaitlancollins/status/1494406932697956354\u00a0\u2026— Elie Honig (@Elie Honig) 1645129980
Prediction: Trump will take the 5th if he makes it to a deposition & will aggressively say it\u2019s not because he\u2019s guilty but because NY prosecutors are running a witch-hunt and they\u2019ll use what he says against him no matter what.— Joyce Alene (@Joyce Alene) 1645129085
If Trump takes the Fifth, it can be used against him in the civil case being developed by the New York Attorney General.\n\nIf Trump doesn\u2019t take the Fifth, the Manhattan DA can use his words against him.\n\nHe\u2019s between a rock and a hard place.https://twitter.com/jentaub/status/1494406063545892871\u00a0\u2026— Renato Mariotti (@Renato Mariotti) 1645129614
My take in @newrepublic\u2069 -https://bit.ly/3Bw5Wbe\u00a0 - a bad week for #Trump and now we\u2019ll see if he (and Ivanka, Don Jr.) pleads the 5th As Eric Trump did: \u201cJudge orders Trump, children to answer questions about business practices under oath\u201dhttps://apple.news/AiRDAFD2WTkS0lcubDcbdLw\u00a0\u2026— Maya Wiley (@Maya Wiley) 1645131264
