Donald Trump thought he was smart to take the Fifth Amendment when questioned last week, and he probably was if he's facing a criminal trial. But he could be facing civil action also, and in a civil trial the fact that he took the Fifth could come back to bite him on the butt.
Here's how Jessica Levinson describes it in an op-ed for MSNBC.com:
This week, in addition to having his private residence searched by the Federal Bureau of Investigation, former President Donald Trump was deposed in an investigation by the New York Attorney General’s office. There he apparently didn’t say much other than that he was asserting his Fifth Amendment right against self-incrimination. And here is what you should know.