Michael Cohen’s effort to impose a gag order against Michael Avenatti, lawyer for porn star Stormy Daniels, has been rejected by a district court judge on Tuesday.
Cohen, President Trump’s former personal attorney, pursued a gag order against Avenatti due to his media appearances and public remarks about the case and pointed to “over 170 television appearances and 439 public tweets by Mr. Avenatti discussing facts and circumstances related to this case.”
Among the criticisms Avenatti has used, he said Cohen “has a history of thuggish behavior” and “is going to be indicted within the next three months.”
But U.S. District Court Judge S. James Otero determined that Cohen could not show how the appearance would infringe on his right to a fair trial.
Here is a copy of the Order Judge Otero just issued in our case against Mr. Trump and Mr. Cohen. It denies their attempt to silence me and prevent me from commenting as to the truth. So much winning from these two! #Basta https://t.co/doG2JazSq6
— Michael Avenatti (@MichaelAvenatti) July 31, 2018
“It is far from clear that the publicity in this case would affect the outcome of a trial that may happen, if at all, months down the road,” Otero wrote.
Although Otero noted he was worried about the impact of Avenatti’s “publicity tour,” he wrote that the “rights and issues involved in this action are far less consequential than the potential criminal prosecution in New York.” Otero also noted that Avenatti would be penalized if he violates the “Rules of Professional Conduct of the State Bar of California and the local rules of this Court.”
Cohen’s home and office in New York were raided by the FBI in April, where agents seized computers, phones, and other materials. He is under investigation for potentially violating tax and campaign finance laws.
Daniels has been embroiled in a legal battle with Trump over an alleged extramarital affair. Cohen paid her $130,000 in exchange for her silence on the affair, but she filed a lawsuit earlier this year claiming the nondisclosure agreement she signed should be nullified because Trump didn’t sign it.
