Here comes the big testimony disaster
Donald Trump’s two oldest sons are expected to testify this week in the New York civil fraud trial, followed by Donald Trump’s testimony next Monday, and Ivanka’s testimony next Wednesday. Before that gets underway, now is probably a good time for a reminder of what the rules and parameters are for each of them – as well as what counts as a win or a loss with their testimony.
Donald Trump, Donald Trump Jr, and Eric Trump are all defendants in this trial. You can’t be forced to testify against yourself in a criminal trial. But because this is a civil trial (financial penalties are the only thing at stake), all three of them are required to testify. If they fail to show up, or if they refuse to answer certain questions, or if they plead the fifth, or if they lie on the stand, that will be legally interpreted as a failure to defend their own case – and the judge would use it as a basis for thoroughly ruling against them.
Unless they can offer some kind of viable and reasonable and believable explanation for why their business practices are indeed legitimate, there is nothing that Trump and his sons can say or do that would help them in any way. There are no antics or shenanigans of any kind that can help them. If they’re foolish enough to try any such games, it would only hurt them.
If it turns out they do plead the fifth, or pretend not to recall the answer to anything, or make up lies on the stand, we’ll see a bunch of angry meltdowns on social media about how it means they’re “getting away with it all” But it actually would mean the precise opposite. Let them do something so stupid if they wish.
As far as Ivanka Trump’s testimony, the courts already long ago ruled that she can’t be liable for anything within the scope of this case, because she stepped away from the Trump Organization long enough ago that the statute of limitations has run out. This is good for her, but it’s not good for her family. It means she can’t just plead the fifth, because she has no legal liability in this case. Nor can she just refuse to answer questions, which would be obstruction on her part. Nor can she just lie, which would be perjury. Because Ivanka is not a defendant, and is instead merely a witness she’s actually more on the hook in terms of having to cooperate. That’s how the law works.
If you’re rooting for Donald Trump and the Trump Organization to take a hard fall, then obviously the best case scenario is if one or more Trump family members end up imploding on the stand by accidentally confessing to fraud and such. But if we see something like perjury, or the fifth amendment, or endless “I don’t recall” answers, this will also be a win for those who want to see the Trumps go down – because it’ll mean they’re essentially forfeiting the trial.
The only way this could possibly go well for the Trumps is if they all give reasonable and measured testimony that believably portrays their business practices as having been so legitimate, the judge says “Wow I was wrong, there was no fraud here.” If their testimony plays out in any other way, it’ll be a disaster for the Trumps.
