You’ve seen the clips. The grainy video, the long wooden table, and that repetitive, almost rhythmic phrase: "Same answer." It’s a moment that frozen in time during the summer of 2022, but the ripples are still hitting the legal shores today in 2026.
When Donald Trump sat across from New York Attorney General Letitia James, he didn’t just decline a few questions. He invoked his Fifth Amendment right against self-incrimination more than 400 times. For a man who once famously wondered at a 2016 rally why anyone would take the Fifth if they weren't guilty—claiming "the mob takes the Fifth"—it was a staggering pivot. Honestly, it was a masterclass in legal survival, even if it looked kinda messy to the public eye.
✨ Don't miss: The Rev Mariann Edgar Budde Sermon Most People Get Wrong
The 400-Time Refusal: A Breakdown of the Deposition
The setting was a conference room in lower Manhattan. It was August 10, 2022. Just two days earlier, the FBI had executed a search warrant at Mar-a-Lago, which Trump later cited as a major reason for his silence. He felt the "witch hunt" had reached a fever pitch.
Initially, he read a lengthy prepared statement. He called James a "renegade prosecutor" and described the investigation into his business dealings as a malicious attack. Then, the real work began. For nearly four hours, investigators grilled him on everything: the valuation of 40 Wall Street, the size of his Triplex apartment, and those now-infamous Statements of Financial Condition.
His response? Total silence, wrapped in a legal cloak. After the first few minutes of giving the full constitutional spiel, he basically switched to "Same answer" to save time.
It wasn't just about being stubborn. His legal team, led by Ronald Fischetti at the time, knew the stakes. In a civil case, silence isn't exactly "golden." It’s actually quite heavy.
Why Pleading the Fifth in a Civil Case is Different
Most people think taking the Fifth is a "get out of jail free" card. In a criminal trial, that’s largely true. A jury isn't allowed to assume you're guilty just because you didn't testify. The judge literally tells them they can't.
But this was a civil fraud investigation.
In civil court, the rules of the game change. A judge or jury is allowed to draw what’s called an adverse inference. This means they can basically say, "Well, if he's not answering the question about whether he inflated the value of his golf courses, he probably did."
- Criminal Case: Silence $
eq$ Guilt. - Civil Case: Silence can be used as evidence against you.
Judge Arthur Engoron, who oversaw the subsequent $454 million civil fraud judgment, was well within his rights to consider those 400 "same answers" as a sign that the underlying facts weren't great for the defense. It’s a huge gamble. You protect yourself from potential criminal charges, but you basically hand the keys to the city to the person suing you in civil court.
The "Fool" Logic: Trump’s Own Defense
"Anyone in my position not taking the Fifth Amendment would be a fool, an absolute fool."
✨ Don't miss: Did Anyone Actually Win? The Mega Millions Winning Numbers 12/20/24 and What Happened Next
That was Trump's new stance. He argued that even a tiny mistake—getting the weather wrong on a specific day or misremembering a minor detail—would be pounced on by prosecutors as perjury. It’s a common tactic for high-profile figures. When you’re under the microscope, any "I don't recall" or "It was sunny" that turns out to be "It was cloudy" can become a legal nightmare.
Looking back from 2026, we can see how this set the tone for his second term legal strategy. He wasn't just fighting a case; he was fighting the system. The 2022 deposition was the pilot episode for a series of legal standoffs that eventually reached the Supreme Court.
Surprising Details Most People Missed
People focus on the "400 times," but they miss the nuances of the transcript. Trump actually did answer one question early on. He confirmed he was familiar with the rules of the deposition.
He also didn't just sit there like a statue. Video evidence released later showed him leaning forward, peering at documents, and occasionally crossing his arms with a look of intense frustration. He was engaged, but legally caged.
Another thing: the deposition wasn't just about him. It was about the Trump Organization's entire DNA. By refusing to answer, he protected his children—Don Jr., Ivanka, and Eric—from being contradicted by his own testimony, though they eventually had to give their own statements and faced their own "I don't recalls."
What Most People Get Wrong About the 5th
There’s a common misconception that you can pick and choose. You can’t really "kind of" take the Fifth. If you start answering questions about a specific topic, you might "waive" your right to stop later. It’s an all-or-nothing shield for specific lines of questioning.
📖 Related: Finding What You Need in the Atlanta Journal Constitution Newspaper Archives
That’s why the "Same answer" mantra was so repetitive. If he had strayed into even one detail about a loan from Deutsche Bank, the floodgates would have opened.
Actionable Insights: What This Means for the Future
If you ever find yourself in a legal pickle (hopefully not a 400-question one), here is what the Trump case taught the legal world:
- Context is Everything: Know if you are in a civil or criminal proceeding. The price of silence in civil court is a possible loss of the case and massive fines.
- Consistency Matters: If you’re going to invoke the Fifth, do it for every related question. Picking and choosing is a recipe for a waiver.
- The Public Court vs. The Legal Court: Trump’s silence was a legal win (avoiding perjury) but a PR hurdle. Balance your "right to remain silent" with the fact that people will talk regardless.
- Listen to Counsel: Trump’s pivot from "only the mob takes the 5th" to "only a fool wouldn't" shows that even the most vocal critics change their tune when their own signature is on the line.
The 2022 deposition remains one of the most significant moments in American legal history, not because of what was said, but because of what wasn't. It proved that the Fifth Amendment is the most powerful tool in the shed, even if using it makes you look exactly like the people you used to criticize.