Donald Trump is due to be questioned under oath about his business practices. Will he say something?
According to the ex-president's lawyer, he will advise Trump to invoke the Fifth Amendment. There are nuances to the constitutional right that gets high-profile exposure in settings from Congress to TV crime shows. This is what it means to "plead" the Fifth.
The fifth is what it is.
No one shall be compelled in any criminal case to be a witness against himself according to the Fifth Amendment.
Criminal defendants don't have to testify in their own cases. It can be applied in non-criminal contexts as well.
What is the thinking behind it.
The Supreme Court said it reflected many of our fundamental values.
It's important to prevent people from being tortured into confessing or being coerced into perjury.
The court questioned the reliability of the confessions.
The amendment makes it clear that it's against the law to prosecute cases of criminal nature. Is it possible to apply it to a civil investigation?
The Fifth Amendment protects witnesses in criminal and civil courts and other settings. The Fifth Amendment protects the jobs of public employees who are fired if they refuse to testify in an investigation.
Miranda, the famous warning about the right to remain silent and have an attorney on hand, is underpinned by the Fifth Amendment.
There are some things that can be done.
According to a criminal law professor at the University of Utah, a witness has to be facing a genuine risk of criminal prosecution in order to be considered a credible witness. Any charge in a U.S. court must be prosecuted.
There can be disagreements over whether the right is being used appropriately. The questioning side can ask a judge to make someone answer or be held in contempt of court.
The courts think that they should give the benefit of the doubt to someone who might be criminally prosecuted, rather than force them to testify. "That's right," he said.
Okay, let's get on with it. Is it possible for someone who takes the fifth chance to answer some questions but not others?
It isn't necessarily all or nothing. Complying with one question can allow the other side to argue that the witness can't refuse to answer other questions. It is a concern that seemingly safe questions could be used to build evidence about an allegation that is not currently on the witness's radar.
Is it possible for the protection to work against you if you change your mind?
It depends on the law. In a criminal case, prosecutors can't comment on a person's refusal to testify, and a jury can't be told that it's okay to take a person's silence as a sign of guilt. The Supreme Court said that it was against the law to allow that inference.
In civil cases, jurors are allowed to keep silent against a defendants or witnesses.
There is a court of opinion.
Is it not good? Howard University criminal law professor Lenese Herbert agrees. Poor civics education is to blame.
It is a defense attorney's job to make sure the jury understands that the client has the right not to testify in a trial.
Can we get back to the good ol' days of Trump? He's being questioned in a civil investigation Can he say there's a chance of criminal prosecution?
His lawyers have said that New York Attorney General Letitia James' civil inquiry is a fact-finding mission for the Manhattan District Attorney's criminal investigation.
The Trump Organization puffed up the value of real estate assets to get loans, insurance and tax breaks, according to an investigation by James. Trump has denied the allegations and the Republican has slammed the investigation as a witch hunt.
Criminal tax fraud charges were brought against the Trump Organization and its finance chief by the district attorney's office. There are claims of off-the-books compensation in that case.
What has Team Trump said about this?
Ronald Fischetti said that if legal immunity is not granted for the ex-president's deposition, then he should invoke the Fifth amendment. He said that publicity surrounding such a choice could hurt Trump's defense if there is a criminal charge in the future.
I don't know how to pick a jury in that case. Fischetti tried to prevent the deposition.
Three of Trump's children have been questioned. According to a court filing, Eric Trump used the Fifth Amendment more than 500 times. It's not clear whether Donald Jr. and his sister took the Fifth in their deposition.
Trump used to suggest that only people with something to hide avail themselves of the protection against self-incriminating.
He said that the mob took the fifth.
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