They should keep quiet.
That's the unsolicited advice offered up by former federal prosecutor Glenn Kirschner for former President Donald Trump's adult children and heirs when they are brought into New York to testify in his $250 million civil fraud case next week.
Calling it "perilous terrain," Kirschner appeared on MSNBC's "Deadline: White House" with Nicole Wallace, talking in open court — even in a civil case — could pry open the door for a criminal charge.
"Frankly, they would be well advised to just plead the fifth," he said.
Donald Trump Jr., Eric Trump and Ivanka Trump, are listed as co-defendants, are expected to be called as witnesses this week in Lower Manhattan to provide sworn testimony about their positions and hands in their father’s business empire.
Attorney General Letitia James has brought a lawsuit accusing Trump of over-exaggerating the value of his assets for decades and cooking up his financial documents to secure loans and favorable deals.
Already, Ivanka Trump bought some time and pushed back her testifying to Nov. 8.
However, Don Jr. remains slated to take the stand on Wednesday and Eric will likely follow on Thursday.
"Eric Trump should be available to start whenever we finish Donald Trump Jr.," state attorney Andrew Amer told ABC News.
Why stay mum?
Kirschner explained: "If they lie under oath, I would not put it past New York Attorney General Letitia James to charge them criminally with perjury.
"So it seems to me they have a lot to lose and almost nothing to gain."
Kirschner explained that pleading the fifth could play badly in front of a jury or to the masses.
"Nobody wants to plead the fifth because it's not a good look in the court of public opinion," he added. "But even more importantly, people don't like to plead the fifth in the context of a civil case because the finder of fact, ordinarily a jury, can then draw negative inferences from it."
Last month, Judge Arthur Engoron ruled that Trump and his company committed fraud for years, duping banks, insurers and others by swelling the value of his assets and upping his net worth on paperwork to help his celebrity profile and sway favor when he ran and won the White House.
The order forces the former president’s companies to be seized, removed from his control or dissolved.
Kirschner pointed out that while the judge has ruled that fraud was committed, it's now a matter of disgorgement, specifically, "how much money they're going to have to pay back at this point."
The best course for Trump and family is to not answer any questions in court.
"I'm not sure what the upside is other than perhaps a perceived public relations upside to these four people, Don Jr., Eric, Ivanka, and Donald Trump himself, testifying substantively, you know, it seems like their attorneys would advise them, 'Listen, just plead the fifth and let's get this over with because you can only hurt yourself.'"
"If they lie, Nicole, I'm not saying this is a perjury trap because the only thing you have to do to escape from a perjury trap is tell the truth."
