Donald Trump announced he would not take the witness stand for a second time at his fraud trial in New York on Monday, the former US president’s last chance to make his case as he combats a potential $250m fine that hangs over his family business.
Trump had been expected to take the stand again as the hearings draw to a close. But on Sunday he announced on the Truth Social site that he would no longer be making an appearance.
“I HAVE ALREADY TESTIFIED TO EVERYTHING & HAVE NOTHING MORE TO SAY OTHER THAN THAT THIS IS A COMPLETE & TOTAL ELECTION INTERFERENCE (BIDEN CAMPAIGN!) WITCH HUNT, THAT WILL DO NOTHING BUT KEEP BUSINESSES OUT OF NEW YORK, I WILL NOT BE TESTIFYING ON MONDAY. MAGA!” he wrote, signing off with the abbreviation for his Make America great again slogan.
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Because Trump was already found guilty of fraud in a September pre-trial ruling, the trial has been over whether Trump and his family knew they were inaccurately representing the value of their assets on financial documents. If found guilty of doing that, Trump will have to pay a fine that could be at least $250m. Trump would also lose his New York business licenses – which would make it impossible for him to run his real estate business in the state – if an appeals court upholds the pre-trial judgment.
He can’t be compelled to testify against himself in general. The extent to which that can be held against him in court varies from not at all in criminal cases to somewhat in civil cases.
The point of announcing this last minute was legal strategy - the prosecution’s team would have spent a long time preparing to cross-examine Trump. All that time is now wasted. That was the point. He probably never intended to actually testify.
This is a civil case, not a criminal one. His 5th amendment protections are much weaker. If he says that his testimony may support criminal charges, then he is allowed to take the 5th. However, in a civil trial, the fact finder is allowed to draw a negative inference from that.
Having said that, none if this is relevent. He already testified during the State’s case, which is the only time he would need to invoke privilege. Since this is the defense case, they get to simply not call him.
Unless one of his co-defendants subpoenaed him, which is also not the case.