Why take the Fifth?
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To the editor:
At an Iowa rally, in 2026, then candidate Donald Trump said, “The mob takes the Fifth Amendment, if you are innocent, why are you taking the Fifth Amendment?”
Famous last words–Trump invoked his Fifth Amendment right more than 440 times in refusing to answer questions at a deposition by lawyers for New York Attorney General Letitia James, who is investigating the Trump organization’s business practices.”
It should be noted that the right against self incrimination dates back centuries to the medieval law of the Roman church in the Latin maxim “Nemon tenetur seipsum accusare” meaning “No man is obliged to accuse himself.” and Trump, like every other citizen had the absolute right to invoke the Fifth. He did answer one question, however, when asked his name he was able to answer that one.
The former president is no stranger to taking the Fifth. In his 1990 divorce trial from Ivana, he took the Fifth 97 times.
Members of Trump’s inner circle have not shown any reluctance in invoking their Fifth amendment rights. Michael Flynn, disgraced National Security Adviser, who plead guilty to felonies, but received a pardon from Trump did not hesitate. Flynn, in a deposition to the committee investigating the January 6 insurrection, refused to answer questions on the grounds of self incrimination. Disturbingly, one of the questions, he refused to answer is at the heart of American democracy. He was asked whether he believed in a peaceful transfer of power?
Roger Stone, a long time political operative, ally and adviser to Trump, plead the Fifth to all of the questions posed by the January 6 committee. As did John Eastman, who played a leading role in the coup scheme, pleaded the Fifth with both the January 6 committee and a Georgia special grand jury.
By way of contrast, in October of 2015, Hillary Clinton faced 11 hours of grilling in an appearance before the House Select Committee on Benghazi, headed by former Republican representative Trey Gowdy of South Carolina,
Ms Clinton never took the Fifth. Instead, uncharacteristically in the political climate that has followed, she took responsibility and instituted reforms before she left office.
Mary Kathryn Gepner
Benton