Trump attorney says he’ll take the Fifth
Michael Cohen, Donald Trump’s attorney, will assert his constitutional right against selfincrimination in a case brought by porn actress Stormy Daniels, who says she had an affair with the president.
LOS ANGELES — President Donald Trump’s personal attorney said Wednesday he will assert his constitutional right against self-incrimination in a civil case brought by a porn actress who said she had an affair with Trump.
Michael Cohen has been asking a federal judge in Los Angeles to delay Stormy Daniels’ case after FBI agents raided his home and office earlier this month, 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 has sued to invalidate the confidentiality agreement that prevents her discussing it. She’s also suing Cohen, alleging defamation.
Cohen sought to delay the civil case 90 days after the raid, arguing that his Fifth Amendment right against self-incrimination may be jeopardized if legal proceedings aren’t stayed.
But last week, U.S. District Judge S. James Otero said there were “gaping holes” in Cohen’s request for a delay.
Cohen’s lawyer argued in court last week that because the criminal investigation overlaps with issues in the lawsuit, his client’s right against selfincrimination could be adversely affected because he won’t be able to respond and defend himself.
In a court filing Wednesday, Cohen said that FBI agents had seized “various electronic devices and documents in my possession” which 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.
Daniels has offered to return the $130,000 and argues the agreement is legally invalid because it was only signed by her and Cohen, not by Trump.
Cohen will assert his Fifth Amendment rights against self-incrimination “in connection with all proceedings in this case,” he wrote.
Daniels’ attorney, Michael Avenatti, said Cohen’s filing was a “stunning development.”
“Never before in our nation’s history has the attorney for the sitting President invoked the 5th Amend in connection with issues surrounding the President,” he tweeted.
The news comes as Trump continues to deal with special counsel Robert Mueller’s investigation into Russia interference in the 2016 election.
Rudy Giuliani, Trump’s new personal lawyer dealing with that probe, met with Mueller on Tuesday to reopen negotiations for a presidential interview, according to three people familiar with the talks.
Giuliani, who joined Trump’s legal team last week, conveyed the resistance of Trump and his advisers to an interview with federal investigators but did not rule out the possibility, the people said, adding that Giuliani pressed Mueller for clarity on when the probe is expected to end. In response, Mueller reiterated that he would like a chance to ask Trump questions about key steps he took during the transition and early months of his administration, the people said. The special counsel emphasized, as he did in conversations in March with Trump’s team, that an interview is essential for investigators to understand Trump’s intent in making key decisions as they seek to wrap up the portion of the probe focused on potential obstruction of justice.
The face-to-face discussions illustrated how Giuliani is now functioning as Trump’s chief liaison and lead negotiator with the special counsel. The meeting renewed talks that had largely faltered since the resignation last month of veteran lawyer John Dowd.
When Mueller’s office first broached the idea of an interview late last year, Trump initially was open to it. But the president’s willingness to meet with the special counsel cooled dramatically when he learned this month that Cohen was under criminal investigation by federal prosecutors in Manhattan.