A judge has delayed the lawsuit between adult film star Stormy Daniels and President Trump and his personal attorney Michael Cohen for 90 days.
The delay was granted by U.S. District Judge S. James Otero per Cohen’s request, after his home, hotel room, and office were raided by FBI agents earlier this month. Otero set a hearing date for July 27.
Cohen argued that his decision to assert his Fifth Amendment right against self-incrimination, due to an ongoing criminal investigation, created the need for the court proceedings to be delayed.
Otero said the “significant of the FBI raid cannot be understated” in the order approving the stay, and suggested that an indictment against Cohen was possible.
“This is not simple criminal investigation,” he said. “It is an investigation into the personal attorney of a sitting president regarding documents that might be subject to the attorney-client privilege. Whether or not an indictment is forthcoming, and the Court thinks it is likely based on these facts alone, these unique circumstances counsel in favor” of a stay.
In response to the decision, Daniels’ lawyer, Michael Avenatti, said he is planning to file an immediate appeal of the ruling next week with the 9th U.S. Circuit Court of Appeals.
“While we certainly respect Judge Otero’s 90 day stay order based on Mr. Cohen’s pleading of the 5th, we do not agree with it. We will likely be filing an immediate appeal to the Ninth Circuit early next week. Justice delayed is justice denied,” Avenatti tweeted Friday.
Right before the 2016 election, Cohen paid Daniels, whose legal name is Stephanie Clifford, $130,000 through a shell company and signed a nondisclosure agreement with her so she could not discuss her alleged extramarital affair with Trump. Daniels filed a lawsuit earlier this year claiming that it should be nullified because Trump didn’t sign the NDA.
Daniels has also expanded the lawsuit to include Cohen, who she says defamed her for insinuating she has lied.
According to court records, Cohen claims that FBI agents obtained his electronic devices and documents related to the hush money he paid her as part of the raid earlier this month.
Through White House spokespeople, Trump has denied being involved in an extramarital affair with Daniels.
