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James v. Trump Trial is Cleared for Monday - James to Call Donald Sr. & Three Kids as Witnesses? [1]

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Date: 2023-09-28

Can a lawyer please step in and explain how this even works?

Is this no big deal? It seems like a big deal.

I assume they must still retain their 5th amendment rights?

Will Donald Trump be the absolute worst witness in the history of forever???

It appears Trump has previously said he will testify if called by AG James.

Donald Trump will testify if called by the New York attorney general at an upcoming trial over her $250 million fraud lawsuit – where the ex-president’s adult children and his former “fixer” Michael Cohen could also take the stand. Trump, 77, is listed as “witness No. 27” in Attorney General Letitia James’ list of people her office anticipates calling to the stand during the Manhattan Supreme Court trial, which is slated to start Monday and last up to three months. “If called, he will testify,” Trump’s personal attorney Alina Habba told the Post on Thursday, as an appeals court rejected the ex-president’s bid to delay the trial. [...] At another civil trial from earlier this year brought by advice columnist E. Jean Carroll, not only did Trump refrain from testifying, he didn’t show up for a single day of trial. A Manhattan federal jury found him liable for sexually abusing and defaming Carroll and ordered him to pay $5 million in damages in that case.

2nd source:

Former President Trump and his three eldest children will be called to testify in a civil trial that begins next week, a new court filing from New York Attorney General Letitia James revealed. Driving the news: A New York judge on Tuesday ruled that Trump and his business had committed fraud, adding to the 2024 Republican frontrunner's legal woes as he campaigns for another term in the White House. James' civil fraud lawsuit alleges Trump and his business falsified business records to inflate the value of his assets on annual financial forms. The trial is scheduled to begin on Monday.

civil fraud lawsuit alleges Trump and his business falsified business records to inflate the value of his assets on annual financial forms. The trial is scheduled to begin on Monday. The witness list from a court filing Wednesday includes the former president, his daughter Ivanka Trump, and two of his sons, Donald Trump Jr. and Eric Trump.

Michael Cohen, Trump's former personal attorney and Allen Weisselberg, the Trump Organization's former chief financial officer, are also on the witness list.

Trump New York fraud trial cleared to start Monday after appeals panel ruling PUBLISHED THU, SEP 28 20233:11 PM The New York civil fraud trial of former President Donald Trump and his company is back on track to start Monday after a state appeals court lifted a temporary stay of the case.

Manhattan Supreme Court Justice Arthur Engoron this week found the defendants liable for fraudulently inflating the values of their real estate assets. The New York civil fraud trial of former President Donald Trump and his company is back on track to begin Monday after an appeals panel lifted a temporary stay on it starting. The order Thursday came hours after New York Attorney General Letitia James said that she plans to call Trump and three of his adult children as witnesses at the trial of her lawsuit in Manhattan Supreme Court. The five-judge appeals panel rejected Trump’s request that it block the trial from starting as it considered his argument that some claims in James’ suit be dismissed because they fell outside the statute of limitations. [...] The trial will address the six remaining claims in James’ suit, which seeks around $250 million in damages, and a ban on the defendants doing business in New York state. Earlier this month, an appellate judge put a temporary hold on the trial to give the five-judge panel time to decide whether to impose a lengthier delay as it weighed Trump’s argument to dismiss some claims.

Applicable New York State Law on Self-incrimination?

5.01. Self-Incrimination(US Const 4th Amend; NY Const, art 1, § 6; CPLR 4501) (1) In a criminal proceeding: (a) No person shall be compelled in any criminal case to be a witness against himself or herself. (b) When the defendant does not testify on his or her own behalf, neither the court nor the prosecutor may comment adversely thereon. (2) In a civil proceeding: (a) A competent witness shall not be excused from answering a relevant question, on the ground only that the answer may tend to establish that he owes a debt or is otherwise subject to a civil suit. (b) A competent witness may otherwise decline to give an answer which will tend to accuse himself or herself of a crime or to expose him or her to a penalty or forfeiture in response to a specific question. (3) When during the giving of testimony, a witness invokes the privilege, the court must determine the degree of prejudice, if any, to the party whose right to examine the witness is impaired by the witness’s invocation of the privilege and, upon that determination, take appropriate action to dissipate any prejudice.

I’m flummoxed.

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[1] Url: https://www.dailykos.com/stories/2023/9/28/2196134/-James-v-Trump-Trial-is-Cleared-for-Monday-James-to-Call-Donald-Sr-Three-Kids-as-Witnesses

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