Trump takes ‘the Fifth,’ repeats ‘same answer’ in AG James deposition

Former President Donald Trump invoked the Fifth Amendment and replied “same answer” to hundreds of questions about his real estate business during a deposition last summer as part of state Attorney General Letitia James’ civil fraud investigation, newly released video shows.

The 76-year-old 45th president ultimately cited his right against self-incrimination more than 400 times, according to the video first obtained by CBS News.

Trump appeared at the attorney general’s office in lower Manhattan on Aug. 10 to be deposed under oath for approximately four hours, answering “Yes” when asked by James if he understood the rules.

“Anything you say in this examination may be used in a civil proceeding, and that can include a civil enforcement proceeding or a criminal action. Do you understand that?” the New York AG asked.

“I think,” Trump responded.

“Is that yes?” James asked.

“I don’t know what I did wrong, but the answer is yes, I do understand,” Trump said.

After James informed Trump that “any willful misstatement” by him could constitute perjury, the former president was allowed to make an opening statement. 

Trump tore into the state attorney general as a “renegade and out-of-control prosecutor” and called her investigation the “greatest witch hunt in the history of our country.”

“Anyone in my position not taking the Fifth Amendment would be a fool, an absolute fool,” Trump said, adding that “I respectfully decline to answer the questions under the rights and privileges afforded to every citizen under the United States Constitution” on the advice of his lawyers. 

“This will be my answer to any further questions,” he continued. 

The next month, James filed a $250 million lawsuit against Trump, his three oldest children — Donald Jr., Ivanka and Eric — and the Trump Organization, alleging that the company fraudulently inflated the value of their properties to get favorable loans and tax benefits.

In the video, Kevin Wallace, the senior enforcement counsel in the AG’s office, noted “for the record” that Trump’s statement was “lengthy” and that “we disagree with a lot of the characterizations,” as he began to question the former president.

At the beginning, Trump replied to three questions with: “For all of the reasons provided in my answer, which is incorporated herein in its entirety, I decline to answer the question.”  

Then Wallace informed him that he could say “same answer … to speed things up,” a suggestion Trump took up.

At one point, Wallace posed questions to the former president about representations he made to financial institutions for loan applications.

In February 2022, the accounting firm Mazars USA, which prepared 10 years’ worth of statements for the Trump Organization, said the statements “should no longer be relied upon.”

“The valuations contained in this document reflect false and misleading valuation statements; is that correct?” Wallace asked.

“Same answer,” Trump said.

Wallace asked if Trump was “aware” that the statements “contained false and misleading statements.”

“Same answer,” the 45th president responded. 

Wallace also grilled Trump about the role of Allen Weisselberg, the Trump Org’s chief financial officer, who is serving a five-month sentence for tax fraud after he pleaded guilty last year, and current comptroller Jeffrey McConney. 

Both men were named in James’ lawsuit. 

“From at least 2005 through the present, you’ve had an ongoing agreement with Mr. Weisselberg and Mr. McConney that they would prepare the Statement of Financial Condition in a manner that included valuations that depended on false and misleading assumptions as a means of inflating reported values; is that correct?” Wallace asked.

“Same answer,” Trump repeated.

In addition to Weisselberg’s sentence, a Manhattan judge ordered the Trump Organization on Jan. 13 to pay $1.6 million in fines. 

James’ suit is slated to go to trial in October.