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Trumpian privilege

I assume that nothing is going to come of either of these two investigations and I would expect Trump to pull out every trick in the book to keep from testifying, but it’s nice to see them at least trying to make him sweat:

The New York State attorney general, Letitia James, is seeking to question former President Donald J. Trump under oath in a civil fraud investigation, according to two people with knowledge of the matter, an unusual move that comes at a critical juncture in a parallel criminal investigation into the former president.

Ms. James, whose office is also participating in the criminal investigation being run by the Manhattan district attorney, Cyrus R. Vance Jr., is seeking to question Mr. Trump on Jan. 7 as part of her separate civil inquiry into his business practices.

If Ms. James finds evidence of wrongdoing, she could file a lawsuit against Mr. Trump, but she could not file criminal charges.

But her request comes as Mr. Vance is pushing to determine whether Mr. Trump or his family business, the Trump Organization, engaged in a pattern of criminal fraud by intentionally submitting false property values to potential lenders. Mr. Vance, a Democrat, did not seek re-election and is leaving office at the end of the year.

And because the two investigations overlap — both Ms. James and Mr. Vance are focused on whether Mr. Trump inflated his property values to secure financing, and their offices are working together — Mr. Trump could refuse to sit for a deposition once Ms. James formally subpoenas him.

His lawyers could ask a judge to block the deposition, arguing that Mr. Trump’s testimony could be unfairly used against him in the criminal investigation, violating his constitutional right against self-incrimination. Even if a judge sided with Ms. James, Mr. Trump could invoke his Fifth Amendment right and decline to respond to questions.

Jurors are barred from inferring anything from a defendant’s refusal to testify in a criminal case, but the same is not true in a civil inquiry. Mr. Trump’s silence could be used against him.

Still, while the decision to invoke his constitutional right could not be used against Mr. Trump in the criminal investigation, it may harm him in Ms. James’s civil inquiry, so he may also choose to comply with the subpoena and answer her questions.

I doubt it. He will just call it a politically motivated witch hunt and raise money from his gullible cult members. I wish I thought otherwise but I’m afraid that this is a dead end. Trump has cheated on his taxes and scammed banks into loaning him money based upon false representations for years and gotten away with it. With a looming run for president and millions of ardent, armed followers, it’s even less likely now I’m sorry to say. I will be shocked if there’s ever any legal accountability for what he’s done in his private or public life.

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