New York prosecutors offer Trump an opportunity to testify before a grand jury - what will he do?

[msc545]

Updates

+1 y

Many knowledgable people are saying that offering a person an opportunity to appear before the grand jury is very often the prelude to an indictment.

[abc3643]

Not testify.
He can't really.

With a grand jury, allegedly (*), there is no Fifth Amendment right because it's not a trial. So, he'd have to speak the truth under oath which is tantamount to admitting guilt for him. Then, in his trial, he could take the Fifth. So he just won't bother.

The last time Trump had to give testimony under oath, he verified his name but, after that, took the 5th on every single question asked to him.

(*) I say allegedly because the New York Times and/or Washington Post and/or Wall Street Journal said Trump couldn't take the 5th in grand jury testimony. I find that surprising because I'd still expect that the 5th would apply here, but the 5th doesn't always apply to all testimony... For instance, in plea bargains, you often sign that you waive the right to the 5th.

[abc3643]

Yeah, while I cannot find the source at the moment, this makes sense.
In NY State, the target of an investigation is allowed to give testimony to the grand jury but is not compelled to do so. So, I believe that, by VOLUNTARILY taking the stand, he cannot hide behind the 5th during questioning. I believe the legal interpretation is that the 5th is designed to protect the accused when forced to testify.

[abc3643]

FOUND IT:
www.nytimes.com/.../...criminal-charges-bragg.html
========================
TITLE: Prosecutors Signal Criminal Charges for Trump Are Likely
SUBTITLE: The former president was told that he could appear before a Manhattan grand jury next week if he wishes to testify, a strong indication that an indictment could soon follow.
...
Defendants rarely choose to testify before a grand jury and it is highly unlikely that Mr. Trump would do so. As a potential defendant, he would have to waive immunity, meaning that his testimony could be used against him if he were charged. Although he could have a lawyer present in the grand jury to advise him, the lawyer would be prohibited from speaking to the jurors, and there would be few limits on the questions prosecutors could ask the former president.

In recent years, Mr. Trump has been wary of answering questions under oath, given the legal intrigue swirling around him. When the New York attorney general deposed him last year in a civil case, Mr. Trump refused to provide any information, availing himself of his Fifth Amendment right to refuse to answer questions more than 400 times over the course of four hours. If he testifies about the hush money to this grand jury, he will not have that option.

[goaded]

He won't testify, and if he does, he'll probably invoke the fifth and then claim he was only indicted because they unconstitutionally thought that made him look guilty. Because all the other evidence doesn't count.

[abc3643]

He won't be able to take the 5th Amendment if he testifies in front of the grand jury.
(See where I wrote "FOUND IT".)

[goaded]

@abc3643 I had a look through that and I'm not convinced that he couldn't take the fifth before a grand jury, but I'm not sure. The same amendment that requires grand juries guarantees the right not to incriminate yourself, it would be odd if it contradicted itself so clearly. (That said, it's a state grand jury, not a federal one.)

[lightbulb27]

testify before a bunch of democrats that want to see him smashed? exactly how does anyone named trump get a fair trial?

probably would.

only the shadow knows...

who knows, and who knows if he will use the word "is"... since it still doens't have a defintion from the clinton days...

[msc545]

This is a JURY - members of it are randomly selected, and some could be fascists like Trump... seriously, they are not asked about their politics.

[abc3643]

He won't testify in front of a bunch of Democrats.
He would (but he won't) testify in front of a bunch of ordinary citizens and there are plenty of ordinary citizens in New York who are not Democrats. Why do you think NYC has elected GOP mayors plenty of times?

[lightbulb27]

@abc3643 odds are good to get many democrats. how many it take to convict. if unanimous, he'd have a chance. too much hate, I see no evidence people can be objective.

[abc3643]

No one is completely objective, thus a jury consists of more than one "peer". And, if a jury has to be unanimous (which is usually the case in a criminal trial), then a conviction usually will not involve much overall bias (*) unless the jury holds all the same biases. (Like an all-White jury 70 years ago in Mississippi with a Black defendant.)

(*) This is indicative of the phenomenon known as The Central Limit Theorem.
In fact, in political science, there's a whole bunch of "Jury Theorems" which mathematically illustrate the probability of the jury getting the right decision based on the probability of each jury member getting the right decision.
https://plato.stanford.edu/entries/jury-theorems/

[msc545]

@abc3643 most ordinary citizens could figure out the guy is a criminal and a grifter.

[exitseven]

No, it will not happen. Then the democrats will indict him and go through a whole process and in the end they will find nothing, just like all the other times. Hopefully the American people will get wise to this after the 5th or 6th time.

[888theGreat]

It is all a political sham to try to stop him from running. We saw the J6 sham real footage. By the way every person getting a loan for a property does the same thing. So, is everyone in New York going to speak before a grand jury? Will Biden be indicted for selling Top Secrets to China? I love the two system justice system we have now.

[msc545]

It's really kind of funny to watch people make up reasons why nothing is wrong with Trump and he is guilty of nothing and he's actually a great guy. What are you you people going to do when he goes to prison?

[Wise4myage]

I bet he won't testify.

[msc545]

That seems to be the consensus of opinion right now.

[Anonymous]

THe WaLLz ArE CLoSiNg IN!!!

... for the 1,349,252 time.

[Anonymous]

The Dems need to grow up and get a life.

[lottiebannotie]

He won't face up