Donald Trump Likely Bailed on Testimony for One Major Reason

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The estranged niece of former President Donald Trump has claimed she knows the "real reason" why her uncle has decided not to testify again in his civil fraud trial in New York.

Mary Trump railed against her uncle in her latest post on the online platform Substack, questioning his decision not to testify in the $250 million suit brought by New York Attorney General Letitia James. It comes after the politician's lawyer Alina Habba said he was "looking forward to taking the stand."

Outside the court on Thursday, Habba said: "He will open himself up to whatever they want because he's not afraid. People that are afraid cower. President Trump doesn't cower."

Since, Trump confirmed he will "not be testifying on Monday," writing on his media platform Truth Social that he has "nothing more to say." He added: "This is a complete & total election interference (Biden campaign!) witch hunt."

Mary Trump posted the opinions of legal expert Joe Gallina who said the reason her uncle actually chose not to testify is because he would have faced further legal trouble if he did.

Donald Trump New York Civil Fraud Case
Former U.S. President Donald Trump speaks to the media while attending his trial in New York State Supreme Court on December 7, 2023 in New York City. He has chosen not to testify again in... David Dee Delgado/Getty Images

Gallina wrote: "With the gag order back in place, there is no way Donald's testimony wouldn't have landed him in jail. He would have attacked the court, he would have done exactly what he was told he couldn't do, and he would have faced Engoron's wrath.

"And, of course, there's an even bigger reason... The last time Donald was on the stand, he made a lot of questionable claims that damaged his case."

Newsweek has approached Trump's lawyers via email for comment.

Judge Arthur Engoron enforced a gag order reinstated by an appellate court after Trump posted a link of the judge's main law clerk and called her a "very disturbed and angry law clerk" on Truth Social.

In a statement according to NBC, Trump attorney Chris Kise said: "There is really nothing more to say to a Judge who has imposed an unconstitutional gag order and thus far appears to have ignored President Trump's testimony and that of everyone else involved in the complex financial transactions at issue in the case."

He continued: "There were no defaults, no victims and no fraud... Under such circumstances, there is no valid reason for President Trump to testify further in this case."

The suit against Trump involves claims the Trump Organization exaggerated the value of a number of its assets and deceiving lenders. This includes major real estate like Trump's Mar-a-Lago estate in Florida.

Engoron has ruled Trump and his company civilly liable for fraud already. Trump has denied wrongdoing and says the financial statements the Trump Organization put forward actually underestimate the value of the assets.

Judge Arthur Engoron New York
Justice Arthur Engoron sits in his court room during the civil fraud trial of former President Donald Trump at New York State Supreme Court on October 24, 2023 in New York City. Engoron enforced a... Mike Segar-Pool/Getty Images

Mary Trump is known for her public criticism of her uncle and infamously recorded a conversation with her aunt, Maryanne Barry Trump, Donald Trump's late sister, in which she could be heard calling her brother "cruel."

In 2020, Mary Trump's book, Too Much and Never Enough: How My Family Created the World's Most Dangerous Man, was published. A judge threw out a case she brought against the former president after she claimed she had been defrauded of millions by Donald Trump and two of his siblings.

The 45th president countersued against his niece and The New York Times, saying they had collaborated to breach a confidentiality agreement on Mary Trump's grandfather, Fred Trump Sr., from 2001. A judge has not yet ruled on Mary Trump's motion to dismiss, but dismissed the case against the Times.

About the writer

Benjamin Lynch is a Newsweek reporter based in London, U.K. His focus is U.S. politics and national affairs and he reports on issues including death penalty executions, U.S. foreign policy, the latest developments in Congress among others. Prior to joining Newsweek in 2023, Benjamin worked as a U.S., world and U.K. reporter for the Daily Mirror and reported extensively on stories including the plight of Afghan refugees and the cases of death row prisoners.

Benjamin had previously worked at the Daily Star and renowned free speech magazine Index on Censorship after graduating from Liverpool John Moores University. You can get in touch with Benjamin by emailing b.lynch@newsweek.com and follow him on X @ben_lynch99.

Languages: English


Benjamin Lynch is a Newsweek reporter based in London, U.K. His focus is U.S. politics and national affairs and he ... Read more