Trump's Fifth Amendment plea could actually be used against him in court — here's how

One of the most fundamental due process rights in America is the Fifth Amendment right to refuse not to incriminate yourself — a right former President Donald Trump exercised more than 400 times in a deposition for New York Attorney General Letitia James' fraud lawsuit, video of which was released this week. "Anyone in my position not taking the Fifth Amendment would be a fool, an absolute fool," said Trump in the video, after years of publicly claiming that only "the Mob" uses the Fifth Amendment.