can trump take his lawyer when he is questioned

by Herman Mante 9 min read

Is Trump’s lawyer alleging fraud?

Feb 17, 2022 · NEW YORK -- A judge said he plans to make a decision Thursday afternoon in former President Donald Trump ’s fight to avoid being questioned under oath in a New York investigation into his ...

Should Trump be prosecuted for a federal crime?

"If Trump takes the Fifth, it can be used against him in the civil case being developed by the New York Attorney General," Mariotti wrote. "If Trump doesn't take the Fifth, the Manhattan DA can ...

Are Trump’s lawyers bound by professional ethics rules?

Feb 17, 2022 · "If Trump takes the Fifth, it can be used against him in the civil case being developed by the New York Attorney General. If Trump doesn't take the Fifth, the Manhattan DA can use his words against...

Will Donald Trump appear in court for sworn testimony?

Feb 18, 2022 · Trump can invoke his 5th Amendment right against self-incrimination, just as his other adult son, Eric Trump, did when he was questioned by the attorney general's office in …

image

Trump attorney: President could 'shoot someone on Fifth Avenue' and not be charged in office

WASHINGTON — A panel of three federal appeals court judges appeared to be unreceptive Wednesday to President Donald Trump's claim that local prosecutors cannot get his financial records as long as he's in office — and heard an extreme hypothetical example making that case.

Trump reaches end of legal rope on 'executive immunity' excuse

Cohen, now serving a three-year federal prison sentence, admitted to paying porn star Stormy Daniels to prevent her from publicly claiming, during the presidential campaign, that she once had a sexual relationship with Trump — an allegation he has repeatedly denied.

National Security Last plane carrying Americans from Afghanistan departs as longest U.S. war concludes

Trump's legal team has also said that subjecting a president to a criminal investigation would be a distraction from his official duties. But that argument was also greeted skeptically.

Did Trump's lawyers file a lawsuit in Nevada?

5 alleging “criminal voter fraud” in Nevada. But lawyers representing Trump never made that allegation in court filings. Instead, as in many of the other Trump campaign election cases, the Nevada filings focus on much smaller claims, including questions about the use of a scanning machine to verify signatures and whether observers had proper access to observe vote counting.

Is Giuliani a fraud?

In a recent Pennsylvania federal case, Giuliani alleged “widespread, nationwide voter fraud” in his opening remarks. But under questioning from the judge, he retreated. “This is not a fraud case,” Giuliani later admitted. In the same case, Trump lawyer Linda Kearns said explicitly that she is “not proceeding” on allegations of fraud.

Who is Rudy Giuliani?

Rudy Giuliani, lawyer for President Donald Trump, speaks during a news conference about lawsuits related to the presidential election results in Washington, D.C., on Nov. 19, 2020. N early two weeks after the election was called for President-elect Joe Biden, Donald Trump and his legal team continue to advance spurious and dangerous claims ...

Insurrection Act

This law prohibits anyone who "incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto." In the first place, this law has almost never been invoked. The leading precedent on the statute comes from a case from 1863!

Election fraud

This law bans "attempts to deprive or defraud residents of a State of a fair and impartially conducted election process, by . [the] tabulation of ballots known by the person to be materially false, fictitious, or fraudulent." Under this theory, by instructing his attorney general to say there was fraud in Georgia, Trump committed this crime.

Obstruction of justice

This law makes it a crime to corruptly obstruct, influence or impede any official proceeding or attempt to do so. Once more, the issue would be intent -- here reflected in the word "corruptly." In his January 6 speech, Trump encouraged the crowd to march to Capitol Hill but he did not explicitly encourage violence.

Hatch Act

The Hatch Act prohibits federal employees from engaging in partisan political activity. The president himself is explicitly exempt from the strictures of the Hatch Act, but could be charged with the provision that makes it "unlawful for any person to intimidate, threaten, command, or coerce" a federal employee to "engage in ...

Conspiracy to defraud the United States

This broad provision, much loved by prosecutors, makes it a crime to "conspire to commit any offense against the United States, or to defraud the United States." The first part of this law runs into the same problem as the specific statutes noted above -- that it's difficult to prove an underlying crime.

image