Donald Trump is an impulsive person. And as a result, he often lashes out at people he thinks have done him wrong without thinking out the consequences of his actions.
This behavior has regularly been displayed as New York’s Attorney General Letitia James investigates the former President. Legally, the strategy is unlikely to help him. In fact, according to former prosecutor Renato Mariotti, it could prove to be a fatal flaw.
In a column he penned for Politico, the legal expert wrote, “Maybe it was Trump’s ego or his insistence that his lawyers make the question of the deposition a political battle rather than a legal one. But while Trump’s attorneys argued that James was using the civil investigation to develop evidence that could be used against Trump in a criminal case, they downplayed his potential criminal liability.”
Mariotti continued, “So now Trump is between a rock and a hard place. If he sits for this deposition and answers questions under oath, his words can and will be used against him by the Manhattan DA and potentially other criminal prosecutors. But if he takes the Fifth, that can be used against him in the civil case because the judge can instruct the jury to draw an ‘adverse inference’ against him.”
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Todd Neikirk is a New Jersey-based politics and technology writer. His work has been featured in psfk.com, foxsports.com, and PoliticusUSA. An avid pet lover, he has been known to contribute to Pet Lifestyles Magazine. He enjoys sports, politics, technology, and spending time at the shore with his family.