When Donald Trump was campaigning he often said the mob takes the fifth and if you’re innocent you don’t plead the fifth. Donald Trump has now pleaded the fifth.
Former President Donald Trump is being deposed by the New York Attorney General’s office Wednesday, and posted a long rambling statement on his Truth Social account saying that he pled the Fifth Amendment and attacking Attorney General Letitia James (D-NY).
Trump began the statement by criticizing James for campaigning “on the policy of ‘Get and Destroy Trump,’” calling the deposition “her despicable attempt to fulfill that cynical, and very corrupt promise.”
The investigation into Trump’s family and business had “wasted countless taxpayer dollars,” Trump continued, while “New York is suffering its worst murder, drug, and over crime rate in many decades.”
The statement went on at length attacking James’ political career and describing her as a “failed politician” and “renegade and out-of-control prosecutor,” and the investigation as “a vindictive and self-serving fishing expedition.”
The ex-president seemed to anticipate criticism regarding his past comments regarding the Fifth Amendment, as multiple Twitter users posted Wednesday morning.
“I once asked, ‘If you’re innocent, why are you taking the Fifth Amendment?’” Trump wrote. The answer, he said, was “[w]hen your family, your company, and all the people in your orbit have become the targets of an unfounded, politically motivated Witch Hunt supported by lawyers, prosecutors, and the Fake News Media, you have no choice.”
And, as is customary, Trumpland social media and political entertainers are defending Trump on pleading the fifth, after cheering him on during his earlier incarnation when he criticized those taking the fifth.
However, the optics are terrible for Trump and the legal implcations are not good in civil cases, where pleading the fifth can be taken as implying guilt.
Pleading the Fifth:
1. Cannot provide the basis for an adverse inference if you’re prosecuted.
2. Can provide the basis for an adverse inference in civil cases.
3. Can provide the basis for an adverse inference in the court of public opinion.
Thanks for coming to my TED talk.
— Steve Vladeck (@steve_vladeck) August 10, 2022
First president to be impeached twice.
First president to attempt a coup d'état.
First president to have his home searched by the FBI.
First president to take the Fifth.
It's just so impressive.
— George Conway? (@gtconway3d) August 10, 2022
Donald Trump is pleading the Fifth Amendment during his deposition with the NY AG today.
Let’s see what Donald Trump has to say about that. pic.twitter.com/hiKKUTmo2K
— MeidasTouch (@MeidasTouch) August 10, 2022
I am old enough to remember when Presidents did not take the 5th amendment privilege against self-INCRIMINATION.
— Neal Katyal (@neal_katyal) August 10, 2022
“You see the mob takes the Fifth. If you're innocent, why are you taking the Fifth Amendment?”https://t.co/o2aeZfo5Pu pic.twitter.com/LRNqQmyOE5
— Peter Strzok (@petestrzok) August 10, 2022
Tremendous hat, many people are strongly saying this pic.twitter.com/lKUyezmi5R
— Spiro Agnew’s Ghost (@SpiroAgnewGhost) August 10, 2022
BREAKING: Donald Trump just pleaded the fifth to the New York Attorney General’s office, refusing to answer questions.
Trump a few years ago: "If you're innocent, why are you taking the Fifth Amendment?"
— Republicans against Trumpism (@RpsAgainstTrump) August 10, 2022
There’s this former President who regularly said only guilty people plead the fifth. Wonder what he’s up to these days.
— Santiago Mayer (@santiagomayer_) August 10, 2022
“You see the mob takes the Fifth. If you’re innocent, why are you taking the Fifth Amendment?”
— Shannon Watts (@shannonrwatts) August 10, 2022
In a civil case, pleading the Fifth is effectively a confession.
— Tristan Snell (@TristanSnell) August 10, 2022
So her case against Trump became immeasurably stronger today.
— George Conway? (@gtconway3d) August 10, 2022
Donald Trump pleads the Fifth in NY AG Investigation into his business practices. Sooo, when you said…"You see the mob takes the Fifth. If you're innocent, why are you taking the Fifth Amendment?" tell us Donald, why did you plead the Fifth?
— Michael Steele (@MichaelSteele) August 10, 2022
No surprise: after maneuvering and dodging, Trump takes fifth in New York AG inquiry with phony and improper statement about how it’s a witchhunt. Important point: it can be used against him because it’s a civil action.
— Harry Litman (@harrylitman) August 10, 2022
I recognize it’s the important right of any American to take the Fifth, but it’s worth noting how Hillary Clinton say through 11 hours of public Benghazi testimony and sat with the FBI for 3.5 hours amid her emails—and when Trump faces questions, he takes the Fifth.
— Garrett M. Graff (@vermontgmg) August 10, 2022
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Hearing reports Trump took the 5th in his deposition with NY AG this morning, so, reupping this. https://t.co/4KnLCnO4JZ
— Joyce Alene (@JoyceWhiteVance) August 10, 2022
As Donald Trump was pleading the Fifth like a two-bit mobster, Biden signed a bill to help Vets exposed to toxic burn pits. Your choice: lawbreaker or lawmaker.
— Rep. Eric Swalwell (@RepSwalwell) August 10, 2022
Donald Trump has the complete right to invoke the Fifth Amendment.
We have the complete right under the First Amendment to mock him relentlessly for it after all the trash he talked in 2016.
— Bradley P. Moss (@BradMossEsq) August 10, 2022
Trump might break Rick Scott’s record today for most times taking the 5th in a deposition.
— Ron Filipkowski ?? (@RonFilipkowski) August 10, 2022
Graphic via DonkeyHotey/Flickr
Trump pleaded the 5th because he’s a criminal & every member of his family, every business associate, ex-wife and lawyer has known this all of his life, NYPD knew it, Mark Burnett knew it, but the most important person who knew it and exploited this info was Vladimir Putin.@GOP
— NoelCaslerComedy (@caslernoel) August 10, 2022
Joe Gandelman is a former fulltime journalist who freelanced in India, Spain, Bangladesh and Cypress writing for publications such as the Christian Science Monitor and Newsweek. He also did radio reports from Madrid for NPR’s All Things Considered. He has worked on two U.S. newspapers and quit the news biz in 1990 to go into entertainment. He also has written for The Week and several online publications, did a column for Cagle Cartoons Syndicate and has appeared on CNN.