San Francisco Chronicle

Trump lawyer to plead the Fifth

- By Michael Balsamo Michael Balsamo is an Associated Press writer.

LOS ANGELES — President 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 self-incriminat­ion could be adversely impacted because he won’t be able to respond and defend himself.

In a court filing on 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.

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