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‘I don’t recall’: Ivanka Trump testifies in father’s New York fraud trial
(www.theguardian.com)
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this post was submitted on 08 Nov 2023
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"i can't recall" allows inferences too. Remember, it's a civil trial so the bar is "a preponderance of the evidence"- which, as a standard, is that a claim is 'more likely true than not true';
the "i can't recall" and the "i plead the fifth" are both a refusal to provide evidence, and that refusal allows the judge to make inferences about what you're not providing evidence. That said, they've already lost the trial, and they're probably going to get fucked even if she had perfect clarity... so the civil trial is more or less a lost cause (and a poltiical campaign point for Trump.). providing testimony might mitigate some of the fines... but probably would expose them to further criminal charges.