New York AG Letitia James lists Ivanka Trump as a trial witness for the state
Even though the judge in the case has already issued a summary ruling that Donald Trump, the Trump Organization, Donald Trump Jr, and Eric Trump are liable for financial fraud, a civil trial will still take place next week to determine the size of the penalties and some other unresolved matters in the case.
To that end, New York Attorney General Letitia James has released her list of trial witnesses for the state. That list includes people one would expect, such as Michael Cohen. It also includes Donald Trump, Donald Trump Jr, and Eric Trump – in a reminder that in a civil trial the targets can be forced to take the stand. Also listed as a witness for the state: Ivanka Trump. This doesn’t mean that she’s “flipped” or cut any sort of deal. More likely she’s being called as a hostile witness against her will. But she’ll still have to testify.
While Donald Trump, Donald Trump Jr, and Eric Trump can be forced to take the stand in this civil trial, they do have the option of pleading the fifth in order to avoid potentially criminally implicating themselves. This would basically amount to forfeiting the civil trial, as the judge would interpret it as a sign that they have no defense to offer, but it is an option for them.
On the other hand, Ivanka Trump doesn’t really have this option. She was originally listed as a target in this case, but she successfully got herself removed on the grounds that she ended her affiliation with the Trump Organization so long ago that the statute of limitations has expired. This means she’s not a target here, and has no culpability. That means she can’t really plead the fifth. You can only plead the fifth in order to avoid implicating yourself. There’s no such thing as pleading the fifth in order to avoid implicating your father or your brother.
So this is set to create a very uncomfortable situation for Ivanka Trump. She can’t avoid testifying against her family by pleading the fifth. If she simply refuses to testify, she’ll be in contempt of court. And she can’t just lie on the stand to protect them, because the state has the whole thing fleshed out and she’d get nailed for perjury. Ivanka’s only option is to tell the truth about her family members’ financial dealings, unless she wants to risk going down with them.
