Trump invoked the Fifth Amendment in New York civil probe. What does that mean? (2024)

Former President Donald Trump said Wednesday that he invoked the Fifth Amendment during a deposition as part of the New York attorney general's civil investigation into the Trump Organization's finances.The attorney general's office confirmed this.

"I once asked, 'If you're innocent, why are you taking the Fifth Amendment?' Now I know the answer to that question," Trump wrote, citing a “politically motivated Witch Hunt” against himself and his allies.

“Pleading the Fifth” may have gained notoriety in pop culture by way of TV crime shows and movies, but there’s more to the constitutional right than meets the eye. Here’s what you need to know about the Fifth Amendment.

New York civil probe:Trump says he invoked 5th Amendment in deposition for New York investigation

Trump invoked the Fifth Amendment in New York civil probe. What does that mean? (1)

What is the Bill of Rights?

The Fifth Amendment is one of 12 original proposed amendments to the U.S. Constitution, put forth on Sept. 25, 1789, by the First Congress, according to the National Archives. Ten of those proposed 12 amendments, Articles 3 to 12,were ratified in December 1791 by three-fourths of the state legislatures; they became the first 10 amendments of the Constitution, otherwise known as the Bill of Rights.

What does the Fifth Amendment say?

The Fifth Amendment to the Constitution reads:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

What is the Fifth Amendment, in simple terms?

The Fifth Amendment can be broken down into five constitutional rights, according to Cornell University’s Legal Information Institute:

  1. The right to answer for crimes only when "on a presentment or indictment of a Grand Jury."
  2. The prohibition of double jeopardy, or being prosecuted twice for the same offense.
  3. The prohibition of being a witness against yourself, or being forced to self-incriminate.
  4. The right to due process, or a fair trial.
  5. The guarantee that the government cannot seize private property without compensation at market value of the property.

The amendment at first applied only to federal courts but has since been partially incorporated to the states through the due process clause of the 14th Amendment, according to the Legal Information Institute. Thefirst of the listed rights is the only onethat has not been incorporated to the states.

Which right did Trump invoke?

When people "plead" or "take" the Fifth, it usually refers to the right not to self-incriminate. That's what Trump invokedin declining to answer the New York attorney general'soffice'squestions.

That rightwas broadened with the Supreme Court's landmark Miranda v. Arizona ruling that led tothefamous Miranda warning about the right to remain silent and to have an attorney with you while being questioned in police custody.

How do you invoke the Fifth Amendment?

Invoking the Fifth Amendment looks different in different settings, according to the Legal Information Institute. If you are being questioned by government investigators, it usually means exercising the right to remain silent. In trial, "taking the Fifth" is declining to testify in your own defense.

Does pleading the Fifth make you guilty?

In criminal cases, the prosecution may not comment on the decision to invoke Fifth Amendment rights and the jury is prohibited from drawing an adverse inference. But in civil cases, like Trump's,that's not always the case.

“While his silence can’t be used against him in a criminal case, it can be used against him in the AG’s civil case," former federal prosecutor Renato Mariotti told USA TODAY."If he is sued, jurors may be instructed they should presume his answers would have hurt him.”

Why does the Fifth Amendment exist?

The Supreme Court wrote in 1956 that the privilege against self-incrimination “registers an important advance in the development of our liberty – one of the great landmarks in man's struggle to make himself civilized."

In 1964, the court wrote that it “reflects many of our fundamental values and most noble aspirations.” Among those ideals: preventing people from being tortured into confessing or being shoehorned into a “cruel trilemma of self-accusation, perjury or contempt” of court.

What are the limitations of the Fifth Amendment?

The witness has to be facing a genuine risk of criminal prosecution, said Paul Cassell, a criminal law professor at the University of Utah. That means prosecution on any charge in any U.S. court.

Though there aresometimes disputes over whether the right is being invoked inappropriately,“the courts have generally thought that they should give the benefit of the doubt to someone who might be criminally prosecuted, rather than force someone to testify and then learn: ‘Whoops!’” Cassell said.

Contributing: The Associated Press

Trump invoked the Fifth Amendment in New York civil probe. What does that mean? (2024)

FAQs

What does invoke my Fifth Amendment mean? ›

The Fifth Amendment to the U.S. Constitution guarantees that an individual cannot be compelled by the government to provide incriminating information about herself – the so-called “right to remain silent.” When an individual “takes the Fifth,” she invokes that right and refuses to answer questions or provide ...

What is the use of the 5th Amendment in civil cases? ›

Defendants may be able to invoke the Fifth Amendment in a civil proceeding and refuse to answer questions during civil discovery, depositions, or trial if they believe that their testimony will incriminate them.

What does invoking the Fifth Amendment mean an accused person can do? ›

The Fifth Amendment also protects criminal defendants from having to testify if they may incriminate themselves through the testimony. A witness may "plead the Fifth" and not answer if the witness believes answering the question may be self-incriminatory. In the landmark Miranda v.

What is the Fifth Amendment in simple terms? ›

The Fifth Amendment breaks down into five rights or protections: the right to a jury trial when you're charged with a crime, protection against double jeopardy, protection against self-incrimination, the right to a fair trial, and protection against the taking of property by the government without compensation.

What happens after you plead the Fifth Amendment? ›

As mentioned in passing above, a defendant's decision not to testify at trial cannot be used against him. If the trial is before a jury, the judge will instruct the jury that they can draw no adverse inference from a defendant's decision not to testify.

Can you plead the 5th in a civil deposition? ›

The answer here is a bit more complicated. Yes, you can plead the Fifth, as any answer you give in the civil case could later be used against you in a criminal trial. But unlike a criminal case, in a civil lawsuit the judge can draw certain adverse inferences against you if you invoke Fifth Amendment privilege.

Does pleading the fifth imply guilt? ›

Now, you might be wondering, if someone pleads the Fifth, does that mean they're guilty? Absolutely not. There are numerous reasons why an individual, whether guilty or innocent, might decide to use this legal protection.

When can you not plead the Fifth? ›

As noted above, the Fifth Amendment Privilege applies only to self-incriminating testimony relating to a crime. It does not apply to civil or family matters. You cannot assert this protection to avoid testifying that you breached a contract or that you left your spouse, for example, as these are not crimes.

How does the Fifth amendment apply to your life? ›

The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.

Can non citizens invoke the 5th Amendment? ›

Immigrants, whether they are documented, undocumented, legal permanent residents or non-citizens currently in the U.S. on some kind of temporary visa for work or school, are generally protected by the Fifth Amendment – just like citizens.

Can no person be charged with the same crime in the 5th Amendment? ›

The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, "No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . "

Why would a person invoke their Fifth Amendment right to not testify against themselves? ›

United States , the U.S. Supreme Court rules that a witness has the Fifth Amendment right to refuse to testify not only when the testimony alone might support a criminal conviction, but also when the witness has a reasonable fear that the testimony might assist the government in building a criminal case against the ...

What is a real life example of the 5th Amendment? ›

The Court has overturned laws that have infringed on people's rights due to the due process clause. For example, the Court, in Roe v. Wade, overturned legislation banning abortion because such laws violated a person's 5th Amendment rights of due process.

What is the 5th Amendment in a civil case? ›

Arndstein, 266 U.S. 34 (1924). A witness or defendant in a civil case may assert the Fifth Amendment right against self-incrimination if she can show that there is a real possibility that criminal authorities could use the information sought in a pending or future criminal case against her.

What is an example of the 5th Amendment being violated? ›

For instance, in Gardner v. Broderick (1968), the New York City Police Department was held to have violated the Fifth Amendment rights of a police officer when it fired him after he refused to waive the Privilege and testify before a grand jury that was investigating police corruption.

What does it mean to invoke your rights? ›

The invocation is universal, meaning they can't simply call another officer to resume questioning. After you invoke your Miranda rights, you shouldn't say anything else. You must uphold the invocation by remaining silent until you understand what you should and shouldn't say so you can avoid self-incrimination.

Do you have to verbally invoke your 5th Amendment rights? ›

A person can invoke their 5th amendment right to remain silent by clearly stating that they wish to do so. This can be done verbally or in writing.

What does "I plead the fifth" mean in slang? ›

idiom US humorous. Add to word list Add to word list. something that you say in order to tell someone you are not going to answer a question: "So, who do you like best, Jenny or Kim?" "Sorry, I take the Fifth on that."

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