Former President Donald Trump is probably not going to make good on his vow to testify in his own defense at the civil fraud trial, argued former SDNY prosecutor Preet Bharara on MSNBC.
The case, which was brought by the New York State Attorney General Letitia James, had the first trial Monday, despite Judge Arthur Engoron having already found him liable by summary judgment on one charge.
Whether or not Trump does testify, Bharara added, it's going to be a disaster for him either way.
"Preet ... he says he's eager to testify," said anchor and former White House Press Secretary Jen Psaki. "What do you think is gonna happen?"
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"He's not even gonna testify, he's never even gonna testify," said Bharara. "He says he is. He did this multiple times during the Mueller investigation. He's done it in other matters in unfolding investigations as well. He's afraid of testifying, he knows what will happen to him in a court of law, where he can't filibuster, there's not a bunch of cameras, microphones where he's dominant, or his rally in front of a bunch of supporters. Court of law is different."
"The other consequence — by the way, two other quick things," said Bharara. "One, his problem is not that he exaggerates a little, right? The problem is that he lies and exaggerates by a lot. Even the judge in this case, in the summary judgment opinion, says, look, there's some concession that valuation of properties and assets is not necessarily a science. And you can be off by 20 percent, 30 percent. But not, as I said, by 500 times or 500 percent. He does it all the time. He does it in other parts of his life."
"The other consequences, by the way, for him not testifying — I don't think he will testify — I predict and expect that when the judge rules adversely to Trump, one of the bases on which he will do that is say, in a civil case, unlike a criminal case, he can draw an adverse inference against the party, against the defendant Donald Trump in this case because of his refusal to testify based on the Fifth Amendment," added Bharara. "It gives the judge an added ability and appropriateness to fine against Donald Trump if he doesn't testify. So in that sense, he's damned if he does, damned if he doesn't."
Watch the video below or at the link here.
“Damned if you do — Damned if you don’t”: Ex-prosecutor explains why Trump testifying won't save himwww.youtube.com
