Fact Check: did Trump plead the 5th 97 times

Fact-Check: "Did Trump plead the 5th 97 times?"

What We Know

The claim that former President Donald Trump "pleaded the 5th 97 times" is often referenced in the context of his 1990 divorce deposition. According to Wayne Barrett's book, Trump invoked the Fifth Amendment 97 times during this deposition, primarily in response to questions about alleged infidelity. This historical instance is distinct from his more recent legal troubles, where he invoked the Fifth Amendment during a deposition related to a civil investigation by New York Attorney General Letitia James. In this latter case, reports indicate that Trump invoked the Fifth Amendment over 440 times during a four-hour deposition on August 10, 2022, where he answered only one question—his name (NBC News).

The Fifth Amendment protects individuals from self-incrimination, and Trump's decision to invoke it has been a topic of discussion, especially considering his previous criticisms of others who have done the same. For instance, he has publicly stated that those who plead the Fifth are often guilty, a statement he has since contradicted by his own actions (Politifact).

Analysis

The claim that Trump pleaded the Fifth 97 times is true but misleading when taken out of context. This number refers specifically to his 1990 divorce deposition, not to his more recent legal challenges. In the context of his civil investigation in 2022, he invoked the Fifth Amendment more than 440 times, as confirmed by multiple sources, including NBC News and The Independent.

The reliability of the sources discussing the 440 instances is high, as they are based on direct accounts from individuals present during the deposition and official statements from the New York Attorney General's office. In contrast, the 97 instances are derived from historical accounts and reports that may be subject to interpretation, particularly given that they relate to a different legal context.

Moreover, Trump's shifting stance on the Fifth Amendment raises questions about his credibility. He has criticized others for using this legal right while now employing it himself, which has been noted by various media outlets (Reason). This inconsistency further complicates the narrative surrounding his legal strategies.

Conclusion

The claim that Trump pleaded the Fifth 97 times is False in the context of his recent legal issues, as it conflates two separate instances. While he did plead the Fifth 97 times during his 1990 divorce deposition, he invoked it over 440 times during his 2022 deposition related to the New York Attorney General's investigation. Therefore, the assertion lacks accuracy when it is presented as a current fact regarding his legal strategies.