Former President Donald Trump is facing a difficult situation as he prepares to take the stand in his civil fraud trial in New York this week, according to former acting Solicitor General Neal Katyal. In the $250 million lawsuit brought by New York Attorney General Letitia James, Trump is accused of routinely overvaluing assets for financial gain. Katyal explained that Trump has a “Hobson’s Choice” – he can either answer the questions posed to him or invoke his Fifth Amendment right against self-incrimination. However, both options present problems for Trump.
If Trump chooses to answer the questions, Katyal argues that he risks perjuring himself due to his known tendency for giving meandering testimony. On the other hand, if Trump opts to take the Fifth Amendment and remain silent, New York State law allows his silence to be interpreted as an admission of guilt, which could be detrimental to his case.
Former federal prosecutor Andrew Weissmann concurred with Katyal’s assessment, pointing out that Trump could face difficulty in providing consistent explanations for black-and-white issues such as the overvaluation of his Mar-a-Lago resort and the exaggeration of the size of his Manhattan apartment.
Weissmann also suggested that prosecutors could use the opportunity to question Trump about the criminal cases against him, aiming to establish his reputation as a known liar. In response, Weissmann predicted that Trump would likely invoke the Fifth Amendment if the questions relate to the criminal cases.
Ultimately, Trump will have to answer strategically in order to navigate the trial effectively. Refusing to answer could potentially lead to the dismissal of the entire case against him. The situation presents a challenging dilemma for Trump, as he faces the prospect of perjury or incriminating himself by remaining silent.
Watch the discussion on this topic [here](https://www.youtube.com/embed/yxpwgkUsZ2A?rel=0).
