Former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Friday that former President Donald Trump has no choice but to testify Monday in his civil fraud trial in New York.
The trial stems from a lawsuit filed by Attorney General Letitia James that alleges Trump overstated his wealth for years on financial statements that were given to banks, insurers, and others to help secure loans and other deals. Trump's sons Donald Trump Jr. and Eric Trump, also named in the lawsuit, testified this week.
"He doesn't have an option not to take the stand," Napolitano told "American Agenda." "Well, what about the Fifth Amendment right not to be compelled to incriminate yourself? That only pertains in criminal cases.
"Remember, he is not taking the stand here as a witness for his side. He is being called against his will. This has already been tested in the appellate courts in New York. He has been called against his will by the government as a government witness."
Napolitano said he expects Trump to be combative during his testimony. He also said the prosecutors in his four criminal cases — special counsel Jack Smith, Fulton County District Attorney Fani Willis, and Manhattan District Attorney Alvin Bragg — will be eager to see how Trump performs.
"This is the first time, as far as I know, that he has testified in public under oath in a trial where he isn't a defendant — certainly, since he has been president of the United States," Napolitano said.
"I know that there will be people in that courtroom who have nothing to do with this case — and they will be the chief prosecutors in the New York prosecution, the Georgia prosecution, the Florida prosecution, and the D.C. prosecution — to see how well he does."
Before the trial began, Judge Arthur Engoron determined the former president and the Trump Organization deceived banks, insurers, and others by massively overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing loans.
"He has to attempt to persuade this trial judge – remember, there's no jury here – that he innocently signed off on documents that were prepared by his lawyers and accountants. It's not going to be easy, because the judge has already ruled that the deception orchestrated by the former president was palpable and was there," Napolitano said.
"Donald Trump is very good when it comes to numbers. The government claims the Trump Organization earned excess profits as a result of giving the wrong information to the bank and getting low-interest loans. Donald Trump probably understands the books and records of the Trump Organization well enough to demonstrate to the judge out of the former president's own mouth that these profits weren't nearly what the government says they were."
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Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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