LOS ANGELES — A judge on Friday delayed a civil lawsuit by porn actress Stormy Daniels against President Donald Trump and his personal lawyer, Michael Cohen, citing a criminal investigation the attorney is facing.
U.S. District Judge S. James Otero agreed to put the case on hold for three months and set a hearing for July 27.
Cohen asked for a delay after FBI agents raided his home and office earlier this month. The FBI was seeking records about a nondisclosure agreement Daniels signed days before the 2016 presidential election.
Daniels, whose real name is Stephanie Clifford, has said she had an affair with Trump in 2006 and sued to dissolve a confidentiality agreement that prevents her from discussing it. She’s also suing Cohen, alleging defamation.
Cohen’s attorney said in court last week that because the criminal investigation overlaps with issues in the lawsuit, his client’s right against self-incrimination could be adversely impacted because he won’t be able to respond and defend himself.
Otero agreed, ruling that “there is a large potential factual overlap between the civil and criminal proceedings that would heavily implicate Mr. Cohen’s Fifth Amendment rights.”
Daniels’ attorney, Michael Avenatti, tweeted that he’d likely be filing an immediate appeal of Otero’s ruling with the 9th U.S. Circuit Court of Appeals.
“We do not agree with it,” Avenatti wrote. “Justice delayed is justice denied.”
While Otero agreed with Avenatti that Cohen’s argument for delay was made weaker without an indictment being filed against him, “the significance of the FBI raid can’t be understated.”
“This is no simple criminal investigation,” Otero wrote. “It is an investigation into the personal attorney of a sitting president regarding documents that might be subject to the attorney-client privilege.”
Cohen said in court records that FBI agents had seized his electronic devices and documents that contain information about the $130,000 Daniels was paid as part of the agreement. Agents also seized communications with his lawyer, Brent Blakely, about the civil case, Cohen said.
