Ms. James, a Democrat running for re-election, has assumed the role of Mr. Trump’s chief antagonist in New York. The depositions, while a victory for Ms. James, might not deliver a smoking gun. But people familiar with Mr. Trump’s approach to legal battles expressed doubt that he would keep quiet. Unlike in criminal cases, a jury in civil cases like the one Ms. James might bring can draw a negative inference from a defendant’s refusal to answer questions. Mr. Trump himself has ridiculed witnesses for invoking their Fifth Amendment rights, once remarking that “You see the Mob takes the Fifth,” and that, “If you’re innocent, why are you taking the Fifth Amendment?”
