Michael Cohen, President Donald Trump’s personal lawyer and “fixer” is planning to use his Fifth Amendment rights in the lawsuit filed against him by adult-film star Stormy Daniels.
“Based on the advice of counsel, I will assert my 5th amendment rights in connection with all proceeding in this case due to the ongoing criminal investigation by the FBI and U.S. Attorney for the Southern District of New York,” Cohen stated in a document filed to the court on Wednesday.
Cohen also stated that the FBI raids earlier this month on his residence, office and hotel room as well as the ongoing criminal probe they represent, are the reason for the decision not to offer testimony in the California lawsuit, Reuters reported.
The raids seized documents related to Daniels as part of the investigation where Cohen is suspected of possible bank fraud and campaign finance violations.
Daniels, whose real name is Stephanie Clifford, is suing Cohen for defamation for saying that she lied about an alleged affair with Trump. Cohen paid Daniels $130,000 as part of a nondisclosure agreement signed only weeks before the 2016 presidential election. Cohen says the money was his own and he was never reimbursed.
Daniels has also sued Trump over the agreement, saying it is void because Trump never signed it. She later added to the lawsuit the defamation charges against Cohen, while threatening through her lawyer to sue Trump for defamation as well.
Michael Avenatti, Daniels’s attorney, tweeted on Wednesday saying that Cohen’s latest court filing is “a stunning development.”
Meanwhile, Cohen and Trump’s lawyers are in an ongoing legal battle with the Justice Department over the documents found as part of the FBI raid.
Their attorneys are demanding from the judge in the case to appoint a so-called special master, or a neutral third party, whose function will be to review the materials and determining what is covered by attorney-client privilege and can’t be viewed by prosecutors.
The Justice Department has denied the request but said that they have a “taint team” in place that could do the same work.
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