Trump $250M civil fraud trial will go forward Monday, AG plans to call his adult sons as witnesses
abcnews.go.com
The New York State Supreme Court's Appellate Division has denied former President Trump’s motion to delay his fraud trial, so the trial will proceed on Monday as planned.
    • Nougat@kbin.social
      59·
      1 year ago

      James plans to call Trump and his adult sons to the stand during the trial, according to a list of witnesses the AG has filed with the court.

      You get called to the stand, you go on the stand.

      • Neato@kbin.social
        30·
        1 year ago

        Almost no one bothers because nearly everyone would plead the fifth. It’s expected in court as the defendant.

        I guess they’re banking on Trump being that self important.

        • Nougat@kbin.social
          77·
          1 year ago

          Fifth or not, if he gets called to the stand, he goes on it. Then he gets to sit there and make his own decisions, under oath, about how to respond to questions.

          In a criminal case, “jurors cannot get information about a defendant’s refusal to answer questions or go on the witness stand in their defense.” But this is a civil case. “The protections you have in criminal prosecutions when taking the fifth do not apply in a civil case. A jury [or the judge, in this case] is free to make an adverse inference if you plead the fifth in a civil trial.”

          Call him up.

            • Nougat@kbin.social
              16·
              1 year ago

              Oh of course - that would be the case whether it was civil or criminal. New information comes to light that reveals additional crimes or liabilities, AG would need to look at whether those are prosecutable.

            • gregorum@lemm.eeEnglish
              9·
              1 year ago

              I’m sure that every insurance company, bank, and business that he defrauded using these fraudulent claims is going to want go after him.

          • gregorum@lemm.eeEnglish
            71·
            1 year ago

            This trial will have no jurors. It’s just the lawyers, the Trumps, a few related parties, and the judge.

            Edit: I tried to find a source, but I’m on mobile, however I read it in one of the previous articles discussing this.

            • Nougat@kbin.social
              13·
              1 year ago

              That doesn’t change the nature of the Fifth Amendment in relation to a civil case. When it is a bench trial, the judge is the juror.

              • gregorum@lemm.eeEnglish
                7·
                1 year ago

                oh, I know. however, the judge is far less likely to be swayed by the Trump’s “Trumpiness” than even your average New York juror given their previous rulings in the case and their complete lack of patience with their lawyers’ arguments thus far.

        • tacosplease@lemmy.world
          6·
          1 year ago

          The 5th works differently in a civil trial in a really important way. In a civil case the jury is allowed to assume he’s guilty when he pleads the 5th.

          The prosecution could say something like “Wow. You are pleading the 5th to A LOT of these questions. That looks really bad. Undoubtedly you know this. Yet you seem to have determined that providing an answer would be even worse for you.”

          Or something like that. I’m not a lawyer.

  • MrSpArkle@lemmy.caEnglish
    15·
    1 year ago

    Meh, they got Alex Jones on more than this and he’s still on the air agitating for terrorism.

  • CharlesDarwin@lemmy.worldEnglish
    9·
    1 year ago

    Oh, gosh, that is so sad. I bet his dumbfuck supporters are going to be all the more excited for little daddy donnie since he’s such a martyr and everything. Even though he utterly loathes such people, would never deign to spend a minute with them, and of course, will do sweet fuck-all for any of them, except make them feel that they are better than other people.