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Donald Trump Faces Civil Fraud Trial Testimony: Tips from a Lawyer Who Deposed Him

Donald Trump is set to testify in a civil fraud trial. Learn valuable insights from a lawyer who previously deposed him, offering guidance on how to question the former president under oath.

Former President Donald Trump and his family are accused of fraudulently inflating Trump’s net worth in a case that could upend his New York businesses. | Pool photo by Maansi Srivastava

As former President Donald Trump prepares to testify in a civil fraud trial, it’s worth recalling his past deposition experiences. In 2016, during a lawsuit against celebrity chef Geoffrey Zakarian, Trump provided a deposition. To understand what to expect when Trump takes the stand, POLITICO Magazine interviewed Deborah Baum, a lawyer who questioned Trump during the Zakarian deposition. Baum shared some valuable insights into how to approach questioning the former president.

Under Oath but Unprepared

Baum noted that Trump was unprepared during his 2016 deposition. In the lawsuit against Zakarian, Trump sought $10 million in damages for lost profits after Zakarian backed out of a lease agreement to open a restaurant in Trump’s Washington, D.C. hotel. Trump’s lack of preparedness became evident when he was asked about the lease, with Trump claiming he had no knowledge of it despite his signature being on the document.

Tactics to Evade Questions

Trump can employ evasive tactics during depositions. For instance, he may feign difficulty reading small print, even if it’s a key document in the case. During Baum’s deposition, Trump claimed he couldn’t read the small print without his glasses, avoiding immediate scrutiny.

Best Approach: Let Him Talk

Baum emphasized that Trump responds positively to being given the opportunity to talk. She suggested that by allowing Trump to speak, valuable information could be gleaned. During her deposition, Trump unintentionally provided helpful information regarding the uncertainty of restaurant success. This inadvertently supported the defense’s claim that damages sought were not reasonably certain.

Key Advice to the New York Attorney General’s Team

Baum recommended asking questions strategically to prevent Trump from knowing the direction of the inquiry. She advised a friendly, non-confrontational approach during the deposition. Additionally, she highlighted Trump’s positive response to flattery, making him more cooperative.

Potential Risks on the Stand

Baum emphasized that testifying carelessly could have significant consequences. A single misstep during testimony can have adverse effects on the overall case. She noted that, in her case against Trump, the deposition led to a settlement, the details of which remain confidential.

As Trump prepares to take the stand in the civil fraud trial against him and his company, these insights from his past depositions offer valuable guidance on how to approach questioning the former president.

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