Donald Trump Will Not Testify Again in Civil Fraud Trial Despite Earlier Claims

Donald Trump lawyer Alina Habba’s recent comments saying the former president was not “afraid” to take the stand for the second time in his civil fraud trial on Monday have been reshared on social media after he pulled out of testifying on the eve of his court appearance. The decision not to testify is a reversal from the comments previously made by Trump, as well as Habba, who told a crowd of reporters outside the New York court on Thursday that the former president “doesn’t cower” from accusations and is keen to testify again in the civil trial.

Trump’s Refusal to Testify

Trump said on Sunday he would not testify again in the $250 million fraud civil trial, where he is accused by New York Attorney General Letitia James of filing fraudulent financial statements to inflate the value of his properties. The frontrunner in the 2024 GOP presidential primary, who denies all wrongdoing, wrote in all-capital letter posts on Truth Social that he has “nothing more to say” in the New York case, having already testified, and he claimed that James’ investigation is “complete & total election interference.”

Reactions on Social Media

Ron Filipkowski, a frequent Trump critic and co-host of the YouTube show MAGA Uncovered, Track & Report on the Right-Wing, was one of those who posted Habba’s comments on X, formerly Twitter, after the former president confirmed that he will not be taking the stand to testify after all. The clip was also reshared by reporter Jonathan Ford, who wrote: “Just to let everyone know. Donald Trump did [cower] away. He will not testify in a civil case he has already been found liable for fraud.” Radio talk show host Barry Markson posted while sharing Habba’s remarks: “Trump’s attorney acknowledges Trump’s refusal to testify at his own trial is him cowering because he’s afraid.” The anti-Trump X account @Trumpnado2016 wrote: “Alina Habba makes it very clear that Trump is cowering in fear.”

Legal Perspective and Rulings

Civil rights attorney Scott Hechinger added: “Note to attorneys: Don’t promise your client will testify, ever, unless and until they are actually on the stand. Note to the public: Someone’s decision not to testify—whether criminally accused or a party in a civil case—indicates nothing about their guilt or liability.” Judge Arthur Engoron, who is overseeing the civil trial, has already ruled that Trump did commit fraud while filing his financial statements, and the proceedings will now mainly determine the size of the penalty against Trump and his real estate company. Habba has been contacted for comment via email.

Trump’s Response and Legal Defense

In his post on Truth Social, Trump said that he has already “very successfully & conclusively” testified in the civil trial, so does not need to do so again. Trump also hit out at James and claimed that she is biased against the former president, and noted the recent testimony from the defense’s expert witness, New York University Stern School of Business research professor Eli Bartov, who told the court on Thursday there is “no evidence whatsoever” that Trump or his family committed fraud with their financial documents.

Legal Team’s Statement

In a statement to Newsweek, fellow Trump attorney Chris Kise said that the former president has “nothing more to say” to Engoron after the judge imposed an “unconstitutional gag order and thus far appears to have ignored” Trump’s previous testimony. “The attorney general continues her rabid and unreasonable pursuit of President Trump, obviously intent on driving profitable businesses out of New York,” Kise added. “Under such circumstances, there is no valid reason for President Trump to testify further in this case.”