Ex-Watergate Prosecutor on MSNBC: Trump Can’t Take the Fifth, Must Testify if Called
Former Watergate Prosecutor Nick Akerman told MSNBC’s Ayman Mohyeldin, who was filling in for Ari Melber on The Beat, that if called to testify in the impeachment trial, President Donald Trump cannot simply plead the Fifth.
Instead, he must testify.
Akerman’s testimony came after Mohyeldin noted that an impeachment is “different” than a criminal trial.
“The Constitution itself provides for a trial,” Akerman responded.
He then suggested that what is really going on is that “Republicans and certain people like Donald Trump and Mitch McConnell dread is the idea that Donald Trump could be called as a star witness.”
Akerman continued on that Trump “is the witness who has the most material information on all of the facts here. If he claims this is so perfect, if he claims that is the call was perfect and they did nothing wrong, then why isn’t he going to testify?”
Then driving the point home that if called to testify he must, Akerman stressed: “This is not like a criminal trial where the defendant cannot testify and the prosecution cannot call the defendant. That’s because this is a civil matter. Trump has no Fifth Amendment privilege in terms of refusing to get up on the witness stand. He has to get up if he’s called.”
Mohyeldin replied with a “wow” before Akerman continued on.
“And if he’s testifying, there’s no way he can talk himself out of this,” the former Watergate prosecutor said. “That’s the problem that the Republicans have.”
He then said this: “The facts are so overwhelming that Donald Trump was using the peoples’ money to shake down the president of Ukraine. And he can’t talk himself out of this. He can be cross-examined. He’s going to lie on it. But the lies aren’t going to do any good in light of the facts upon which he can be cross-examined.”
Watch above, via MSNBC
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