'Not the Wizard of Oz': Ex-prosecutors predict 'afraid' Trump won’t testify in NY trial

During Monday's episode of MSNBC's Inside with Jen Psaki, former prosecutors, Baker & McKenzie LLP partner Cyrus Vance Jr. and "Stay Tuned with Preet" podcast host Preet Bharara predicted ex-President Donald Trump will not testify in his New York civil fraud trial, although he claims he will.

"He's already taken the Fifth Amendment privilege in connection with early depositions in the case," Vance told Psaki. "So I think that gives you an indication of what he has thought up to now. I think he's also perfectly capable of saying that he's gonna do one thing and then deciding he's not. And blaming the prosecutor and the judge as being biased, forcing him again to take the Fifth Amendment."

Vance continued, "I'd like to hear what Preet says, but there's part of him that I'm sure wants to see if he can tell his story and bluster his way through. But I think there's another part, because he's a smart man, that realizes that he's not the Wizard of Oz. He can't value property at 500 times its value and have that be objectively reasonable, in terms of the judge's analysis. So it would not surprise me if he says, 'I'm here, I'm gonna testify, but he takes the Fifth at the end of the trial whenever he's called."

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Psaki then said, "Preet, you heard your friend Cy Vance here. We wanna know what you think. He says he's eager to testify. What do you think is gonna happen?"

Bharara replied, "He's not eager to testify. He's never eager to testify. He says he is. He did this multiple times during the Mueller investigation. He's done it in other matters and unfolding investigations as well. He's actually afraid of testifying. He knows what will happen in the court of law, where he can't filibuster, there's not a bank of cameras and microphones outside of the courthouse where he's dominant or a rally of his in front of a bunch of supporters. A court of law is different."

He continued, "The other consequence, by the way, two other quick things — one, his problem is not that he exaggerates little, right? The problem is that he lies and exaggerates by a lot. Even the judge in this case, in the summary judgment opinion, says 'Look, there's some concession that valuation of properties and assets is not necessarily a science. And you can be off, by 20%, 30%.' But not, as Cy said, by 500 times or 500%. He does that all the time. He does it in another parts of his life too. The other consequence, by the way, for him not testifying — I don't think he will testify — is that I predict and expect that when the judge rules adversely to Trump, one of the bases in which he will do it is say, 'In a civil case, unlike a criminal case, he can draw an adverse inference against the party,' against the defendant Donald Trump in his case, because of his refusal to testify based on the Fifth amendment. So, it gives the judge an added ability and appropriateness to find against Donald Trump if he does not testify. So in this sense, Donald Trump is damned if he does, damned if he doesn't."

Watch the video below or at this link.

'He's not the Wizard of Oz': Lawyers predict Trump won't testifyyoutu.be

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