Trump lawyer says he'll plead the Fifth in porn actress case
Michael Balsamo, Associated Press
Updated 7:02 pm, Wednesday, April 25, 2018
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FILE - In this April 16, 2018, file photo, Michael Cohen, President Donald Trump's personal attorney, center, leaves federal court, in New York. A New York judge wants more information from prosecutors and lawyers for President Donald Trump and personal attorney Cohen to help speedily analyze materials seized from Cohen. U.S. District Judge Kimba Wood set a hearing for Thursday, April 26.
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FILE - In this April 16, 2018, file photo, Michael Cohen, President Donald Trump's personal attorney, center, leaves federal court, in New York. A New York judge wants more information from prosecutors and
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Photo: Mary Altaffer, AP
Adult-film actress Stormy Daniels, left, speaks to members of the media while attorney Michael Avenatti listens outside Federal Court in New York, U.S., on Monday, April 16, 2018. Daniels claims she had sex with Donald Trump in 2006 and took a $130,000 hush payment shortly before the 2016 election from lawyer Michael Cohen. Photographer: Victor J. Blue/Bloomberg
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Adult-film actress Stormy Daniels, left, speaks to members of the media while attorney Michael Avenatti listens outside Federal Court in New York, U.S., on Monday, April 16, 2018. Daniels claims she had sex
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Photo: Victor J. Blue / Bloomberg
FILE - In this Sept. 19, 2017, file photo, Michael Cohen, President Donald Trump's personal attorney, arrives on Capitol Hill in Washington. Cohen, is challenging porn actress Stormy Daniel's unsubstantiated charge that someone tied to Trump threatened her with physical harm if she went public with her story about a tryst with Trump years ago. (AP Photo/Pablo Martinez Monsivais, File)
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FILE - In this Sept. 19, 2017, file photo, Michael Cohen, President Donald Trump's personal attorney, arrives on Capitol Hill in Washington. Cohen, is challenging porn actress Stormy Daniel's unsubstantiated
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Photo: Pablo Martinez Monsivais
Michael Cohen, President Donald Trump’s longtime personal lawyer, leaves federal court in New York, April 16, 2018. A federal judge on Monday rejected an attempt by President Trump and Cohen to block prosecutors from immediately reviewing a trove of materials seized in FBI raids last week on Cohen’s office, home, hotel room and safe deposit box. (Jeenah Moon/The New York Times)
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Michael Cohen, President Donald Trump’s longtime personal lawyer, leaves federal court in New York, April 16, 2018. A federal judge on Monday rejected an attempt by President Trump and Cohen to block
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Photo: JEENAH MOON, NYT
Michael Cohen, President Donald Trump’s longtime lawyer and fixer, leaves a court hearing in Manhattan, April 16, 2018.
Michael Cohen, President Donald Trump’s longtime lawyer and fixer, leaves a court hearing in Manhattan, April 16, 2018.
Photo: JEENAH MOON, NYT
Michael Cohen leaves federal court in New York, April 16, 2018. The decision by Michael Cohen to abandon two defamation suits came as federal prosecutors are investigating his efforts to protect Donald Trump from brewing scandals. (Jeenah Moon/The New York Times)
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Michael Cohen leaves federal court in New York, April 16, 2018. The decision by Michael Cohen to abandon two defamation suits came as federal prosecutors are investigating his efforts to protect Donald Trump
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Photo: Jeenah Moon / New York Times
Michael Avenatti, attorney for Stormy Daniels, talks to the media outside court in Los Angeles Friday, April 20, 2018.
Michael Avenatti, attorney for Stormy Daniels, talks to the media outside court in Los Angeles Friday, April 20, 2018.
Photo: Damian Dovarganes, AP
Stormy Daniels' attorney, Michael Avenatti, second from left, talks to reporters as he leaves federal court in Los Angeles Friday, April 20, 2018.
Stormy Daniels' attorney, Michael Avenatti, second from left, talks to reporters as he leaves federal court in Los Angeles Friday, April 20, 2018.
Photo: Damian Dovarganes, AP
FILE - In a Monday, April 16, 2018 file photo, Michael Cohen, President Donald Trump's personal attorney, center, leaves federal court, in New York.
FILE - In a Monday, April 16, 2018 file photo, Michael Cohen, President Donald Trump's personal attorney, center, leaves federal court, in New York.
Photo: Mary Altaffer / Associated Press
Attorney Brent Blakely, left, who represents President Donald Trump's attorney Michael Cohen, with Trump's attorneys Ryan Stonerock, middle, and Charles Harder, right, leave U.S. District Court for the Central District of California after a hearing regarding adult-film actress Stephanie Clifford, also known as Stormy Daniels, in Los Angeles, Friday, April 20, 2018.
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Attorney Brent Blakely, left, who represents President Donald Trump's attorney Michael Cohen, with Trump's attorneys Ryan Stonerock, middle, and Charles Harder, right, leave U.S. District Court for the Central
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Photo: Damian Dovarganes, AP
Michael Cohen, personal lawyer to President Donald Trump, exits from Federal Court in New York on April 16, 2018.
Michael Cohen, personal lawyer to President Donald Trump, exits from Federal Court in New York on April 16, 2018.
Photo: Bloomberg Photo By Victor J. Blue
Michael Cohen, President Donald Trump's personal attorney arrives at federal court, Monday, April 16, 2018, in New York. (AP Photo/Mary Altaffer)
Michael Cohen, President Donald Trump's personal attorney arrives at federal court, Monday, April 16, 2018, in New York. (AP Photo/Mary Altaffer)
Photo: Mary Altaffer / Associated Press
Adult film actress Stormy Daniels speaks to members of the media after a hearing at federal court, Monday, April 16, 2018, in New York, as she is accompanied by her attorney Michael Avenatti.
Adult film actress Stormy Daniels speaks to members of the media after a hearing at federal court, Monday, April 16, 2018, in New York, as she is accompanied by her attorney Michael Avenatti.
Photo: Craig Ruttle, AP
In this Wednesday, April 11, 2018, photo, Michael Cohen, President Donald Trump's personal attorney, walks along a sidewalk in New York.
In this Wednesday, April 11, 2018, photo, Michael Cohen, President Donald Trump's personal attorney, walks along a sidewalk in New York.
Photo: Seth Wenig / Associated Press
NEW YORK, NY - APRIL 16: Adult film actress Stormy Daniels (Stephanie Clifford) exits the United States District Court Southern District of New York for a hearing related to Michael Cohen, President Trump's longtime personal attorney and confidante, April 16, 2018 in New York City.
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NEW YORK, NY - APRIL 16: Adult film actress Stormy Daniels (Stephanie Clifford) exits the United States District Court Southern District of New York for a hearing related to Michael Cohen, President Trump's
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Photo: Drew Angerer, Getty Images
FILE - In a Monday, April 16, 2018, file photo, Michael Cohen, President Donald Trump's personal attorney, center, leaves federal court, in New York. Cohen filed papers in federal court in Los Angeles Wednesday, April 25, 2016, saying he will assert his Fifth Amendment rights, stating that he will exercise his constitutional right against self-incrimination in a lawsuit brought by porn actress Stormy Daniels, who said she had an affair with Trump.
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FILE - In a Monday, April 16, 2018, file photo, Michael Cohen, President Donald Trump's personal attorney, center, leaves federal court, in New York. Cohen filed papers in federal court in Los Angeles
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Photo: Mary Altaffer, AP
Trump lawyer says he'll plead the Fifth in porn actress case
LOS ANGELES (AP) — 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 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.
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.
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Associated Press writer Jill Colvin in Washington contributed to this report.