Former President Donald Trump invoked the Fifth Amendment during questioning by the New York attorney general’s office as part of a civil investigation into his business practices. The amendment protects against self-incrimination.
His decision to not answer questions stood in contrast to statements he made in the past about people who took the Fifth; he once said the option was for people who were in the mob.
Time for a look at Trump’s statements about the Fifth Amendment on our Flip-O-Meter. The rating is not making a value judgment about a politician who changes positions on an issue — our purpose on the Flip-O-Meter is to document if the person’s position has changed.
Trump has expressed a mixture of opinions about the Fifth Amendment depending upon his position about the person at the center of the relevant legal case. In 2016, he repeatedly criticized Hillary Clinton’s aides for taking the Fifth Amendment over questions about her emails. But in August, as Trump found himself at the center of multiple investigations, he was in favor of taking the Fifth.
New York Attorney General Letitia James opened an investigation to explore whether "Trump’s annual financial statements inflated the values of Trump’s assets to obtain favorable terms for loans and insurance coverage, while also deflating the value of other assets to reduce real estate taxes."
Trump spoke in favor of the Fifth Amendment before 2016In his 1990 divorce from Ivana, Trump invoked the Fifth Amendment, wrote Wayne Barrett in his 1992 book, "Trump: The Greatest Show on Earth."
"Donald preaches in every speech, including the one announcing his presidential bid, about his devotion to the Second Amendment. But it was the Fifth Amendment that was his favorite when he was deposed in the divorce with Ivana, invoked 97 times to be exact, mostly in response to questions about ‘other women,’" Barrett wrote.
In a 1998 interview on MSNBC’s "Hardball with Chris Matthews," Trump suggested that President Bill Clinton should have taken the Fifth Amendment in a deposition about Paula Jones, a woman who accused Clinton of sexual harrasment. The Jones investigation led independent prosecutor Kenneth Starr to Clinton’s affair with White House intern Monica Lewinsky.
Trump said: "And I’m not even sure that he shouldn't have just gone and taken the Fifth Amendment and said, ‘Look, I don't get along with this man, Starr. He's after me. He's a Republican, he’s this, he’s that,’ and you know, just taken the Fifth Amendment. It's a terrible thing for a president to take the Fifth Amendment, but he probably should have done it."
In 2014, when actor Bill Cosby was facing sexual assault allegations, Trump tweeted his advice: "if you are innocent, do not remain silent. You look guilty as hell!"
In 2016, Trump criticized Hillary Clinton aides for taking the FifthDuring multiple rallies and political events in 2016, Trump criticized Clinton aides for taking the Fifth Amendment.
At an Iowa rally, Trump said: "Her staffers taking the Fifth Amendment, how about that?" He added, "You see the mob takes the Fifth. If you're innocent, why are you taking the Fifth Amendment?"
In Nevada, Trump said, "Her staffers took the Fifth Amendment and got immunity deals. It's worse than Watergate."
In Colorado, Trump said, "Her staffers took the Fifth. So many people took the Fifth Amendment there was nobody left!"