Trials & Litigation

Michael Cohen plans to invoke the Fifth Amendment in Stormy Daniels case

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Michael Cohen

Michael Cohen

President Donald Trump’s personal lawyer, Michael Cohen, has filed a declaration saying he will invoke his Fifth Amendment right against self-incrimination in Stormy Daniels’ lawsuit seeking to void her confidentiality agreement.

Cohen cited the ongoing criminal investigation that led to an April 9 raid on his office, home and hotel room where he was staying during a home renovation, report the Washington Post and the New York Times. Part of the criminal investigation reportedly involves an inquiry into whether Cohen tried to suppress damaging information about Trump during the campaign.

Cohen’s April 25 declaration said the FBI had seized documents and electronic devices with information related to his $130,000 payment to Daniels and communications with his own lawyer, Brent Blakely, that are related to the lawsuit.

Cohen wants the civil litigation put on hold because invoking the Fifth Amendment could hamper the litigation, his lawyers argued in an April 13 legal filing.

“Defendants will be substantially prejudiced if compelled to proceed with this case while the criminal investigation related to Mr. Cohen is ongoing, given the substantial overlap between the facts in this action and the criminal investigation, and Mr. Cohen’s status as a key witness,” Cohen’s lawyers argued.

U.S. District Judge S. James Otero of Los Angeles, who is presiding in the civil case, wasn’t satisfied with the April 13 legal filing by Cohen’s lawyer, the Associated Press has reported. Otero asked Cohen to file his own statement.

A spokesperson for Daniels’ former lawyer Keith Davidson has said federal investigators contacted Davidson, and he provided “certain limited electronic information.” Davidson will continue to cooperate “to the fullest extent possible under the law,” the spokesperson said.

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