CNN: The Lead With Jack Tapper: Elie Honig: Explains The ‘Risk’ in Donald Trump’s Children Testifying

Source:CNN legal analyst Elie Honig.

"CNN senior legal analyst Elie Honig discusses Donald Trump’s adult children’s potential testimonies in the New York fraud trial against the former president." 

From CNN

"Donald Trump Jr., Ivanka Trump and Eric Trump will soon testify at the former president’s civil fraud trial in New York. 

CNN senior legal analyst Elie Honig on Tuesday broke down how Donald Trump’s children could be damned if they do and damned if they don’t take the Fifth Amendment during their scheduled upcoming testimony in the former president’s civil fraud trial in New York.

Donald Trump Jr., Ivanka Trump and Eric Trump are all set to appear — as well as their father — on the stand before Judge Arthur Engoron to give evidence in New York Attorney General Letitia James’ $250 million lawsuit against Trump and the Trump Organization over allegations of overvaluing assets to secure loans and sign deals.

Honig, a former assistant U.S. attorney, acknowledged to CNN’s Jake Tapper that they could all take the Fifth but said under New York state law, it means the judge “can consider that against them” and can “essentially say I’m going to assume the worst of what your testimony would have done.”

“So there’s risk either way,” he added.

“So they take the fifth. The judge just assumes they have incriminated themself to all sorts of crimes?” Tapper asked.

“Exactly, that’s the way it could work under New York state law,” Honig replied. “It’s up to the judge. He can say, ‘I assume that your testimony would have been bad for you here in this civil case.’”

However, Honig suggested “the risk of testifying could be even greater” because “anything they do say could be used against them in any future criminal prosecution” and even prompt prosecutors to revisit the case and reopen a criminal investigation into the fraud.

He added, “The biggest risk they are facing here is the potential of some kind of criminal liability.” 

From The Huffington Post 

Elie Honig being a New York lawyer, resident of New York and former prosecutor for the U.S. DOJ Southern District of New York, obviously knows this better than me, since I'm not even a lawyer, let alone a New York lawyer. But I believe under New York law, (unless this has been changed) New York prosecutors can unilaterally grant witnesses immunity, when they plead the 5th. And if that's the case both Don JR. (also known as Junior Mint) and his sister Ivanka, would be forced to testify, if they're granted immunity, because neither one of them are defendants in this case. 

If I'm right about this, (and I always emphasize that I'm not a lawyer) this could be an option that the NYAG, or the prosecutor that's managing this case for Attorney General Letitia James, could use to force Don and Ivanka to testify against their father and brother Eric. Unless NYAG believes that both Don and Ivanka are guilty of something that's so serious, that it would be an injustice to grant them immunity. 

But the only thing that Don JR. might be guilty of, other than being a drug addict, (if you saw his appearance on Newsmax the other night) is a New York skyscraper sized asshole. (To be frank) But being an asshole in itself, is not illegal, even in New York. Wait, New York City jails are fulled with assholes, so maybe Don JR. more at risk than I originally thought. 

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