Cogito Ergo Non Serviam
Trump Invokes Fifth Amendment 440+ Times
Yesterday, Donald Trump appeared at a deposition that is part an investigation by the New York State Attorney-General. It is a civil proceeding focused on the financial shenanigans of the Trump Organization. During his testimony, he invoked his Fifth Amendment right not to incriminate himself more than 440 times. In a criminal proceeding, a jury cannot read anything into that. In a civil matter, a jury can. Here in the land of logic and reason, it is clear he has committed acts that could be construed as criminal in nature. He cannot be allowed back into public office.
The Fifth Amendment reads in part, "No person . . . shall be compelled in any criminal case to be a witness against himself . . . ." The reason for this provision, like much of the Bill of Rights, lies in the practice of the British government in the 1700s. People were tortured into confessions with some regularity. This provision rendered a forced confession beyond the pale. It still happens, of course, but it is unconstitutional. If a lawyer can prove a confession was coerced, it gets tossed.
Because this is a civil matter, the amendment does not directly apply. The reason US courts permit a witness or defendant in a civil proceeding to plead the Fifth is simple enough. Often, a crime lies at the bottom of civil wrongs.
At the root of this particuar case is the question of just how much are Mr. Trump\'s property worth? When it comes to payhing taxes, he claims they are not worth much. When it comes to using them as collateral for a loan, getting them insured or using them to justify his place on the billionaire\'s list, they are worth lots. He even exagerrated the size of the apartment he has in Manhattan, by a factor of 3.
If he did do these things as the publiclly available evidence suggests, then he owes New York State some taxes. However, in saving on taxes in this corrupt way, he lied to the banks and insurance companies when he secured his loans and insurance. That is criminal fraud. So, he can and did invoke the Fifth.
Stepping away from the law and into the realm of politics, Mr. Trump has demonstrated beyond a doubt that he is a dangerous man. Most Americans have never been deposed. Most Americans have never been subject to a search warrant. Most Americans have never been defendants in a criminal nor civil suit (traffic tickets excepted). Do they really need a leader who has spent so much time under oath explaining his actions, or more accurately declining to explain them?
Mr. Trump continues to squirm under the spotlight he put on himself back in 2015 when he announced his candidacy for president. Had he remained a low-profile failed casino owner, has-been reality TV personality and a real estate con-man, he probably would have managed to avoid all of this. The mob guys he looks up to so much hated John Gotti because he drew too much heat with his public persona. In the global spotlight, nothing is easy to hide, as Mr. Trump is learning.
Beyond the New York civil case, Mr. Trump had his property at Mar-a-Lago searched. The warrant would have required someone on Team Trump to provide the information. That must be driving the paranoia levels to new heights.
© Copyright 2022 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Ubuntu Linux.
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