Stormy-Trump Trial Put On Hold Because Of Criminal Case

LOS ANGELES, CA — President Donald Trump's personal attorney Michael Cohen prevailed in court Friday in his bid to delay the Stormy Daniels civil trial.

A federal judge in Los Angeles Friday granted a three-month delay in the porn star's lawsuit that seeks to in invalidate a non-disclosure agreement barring her from discussing an affair she claims she had with Trump shortly after his son was born.

In seeking the delay, Cohen contended he would have to assert his Fifth Amendment right against self-incrimination if called to testify in the case because of the possibility of criminal charges being filed against him by federal authorities.

Daniels' attorney, Michael Avenatti, announced plans to file an appeal of the ruling by U.S. District Judge S. James Otero to put the lawsuit on hold. A status conference in Daniels' case was set for July 27.

"While we certainly respect Judge Otero's 90 day stay order based on Mr. Cohen's pleading the 5th, we do not agree with it," Avenatti wrote on Twitter. "We will likely be filing an immediate appeal to the Ninth Circuit early next week. Justice delayed is justice denied."

Early this week Avenatti took a shot at the president based on Cohen's assertion that he would plead the Fifth.

"Never before in our nation's history has the attorney for the sitting president invoked the (Fifth Amendment) in connection with issues surround the president," Avenatti wrote. "It is (especially) stunning seeing as (Cohen) served as the `fixer' for Mr. Trump for over 10 years."

FBI agents raided Cohen's home and office earlier this month, but they have not announced any charges against him. The New York Times, citing anonymous sources, reported Cohen is suspected of possible tax fraud or campaign finance violations stemming from a $130,000 hush payment he made to Daniels leading up to the election.

In the civil suit against Daniels, lawyers for Trump and his embattled personal attorney argue that a nondisclosure agreement signed by Cohen and Daniels requires private arbitration. Now he claims she violated the terms of the contract by going public with the alleged affair. The White House has repeatedly denied the affair, but Trump has yet to acknowledge the allegations directly. Daniels and her attorney argued the contract was void because Trump never signed it. While not addressing the alleged affair directly, Trump has seems to shift his account of his involvement with the nondisclosure agreement. Several weeks ago, he told reporters he didn't know anything about the hush money, but this week he told Fox and Friends that Cohen did, in fact, represent him in the Stormy Daniels affair.

Daniels contends the public has a right to know about the alleged affair and the tactics the president's lawyer used to keep it from the public eye. Daniels alleges someone associated with Trump sent a thug to threaten Daniels in front of her infant daughter.

Avenatti argued in court papers that Daniels' lawsuit should move forward because Trump and Cohen have provided no evidence to bolster their claim that a jury trial would be unfair to them. Avenatti also argues that Cohen has already spoken publicly about the case and a delay would be unfair to his client.

U.S. District Judge S. James Otero pointed out that the terms of the non-disclosure agreement -- in which Cohen threatened Daniels with a $1 million fine for each time she spoke publicly about her alleged tryst with Trump -- has not deterred the performer from discussing the affair with the media.

"Your client has been on `60 Minutes' (and) `The View,"' the judge told Avenatti. "She has told her story and she continues to tell her story."

Avenatti countered that the "harm" to Daniels from the monetary threat "continues with each passing day," and while she has indeed appeared on the shows, "there are many things she hasn't done" as a result of Cohen's threat.

Daniels and her attorney have been waging battle via the media, attempting to goad the president and his supporters into denying the affair. This week, they released a sketch of the alleged thug, offering a $131,000 reward for information identifying him. Daniels claims the man threatened her in Las Vegas in 2011 when reports first began to surface about her alleged affair with Trump.

When the president Tweeted that the sketch was a "con job," Daniels' attorney let loose with a barrage of tweets.

"In my experience, there is nothing better in litigation than having a completely unhinged, undisciplined opponent who is prone to shooting himself in the foot," tweeted Avenatti. "Always leads to BIGLY problems, like new claims, i.e. defamation. LOL."

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Responding to Trump's Twitter post, Avenatti wrote on Twitter that the reward offer was being increased to $131,000. He also referenced the recent FBI raid of the New York offices of Trump's attorney, Michael Cohen, and suggested that Cohen and Trump are the ones engineering a "con job."

"FBI search warrants uncovering EXISTING documents and recordings showing con job after con job on REAL people and very REAL American citizens, who didn't know it. Welcome to the playing field," Avenatti said.

He added, "As the walls close and reality sets in that the most damaging witnesses, secrets and evidence are no longer protected, fully expect the following: sheer panic, personal attacks, tirades and distraction. But none of it will change the outcome in the end."

Daniels' lawsuit also includes a defamation allegation against Cohen, who has accused Daniels of lying about the alleged affair and her allegation that she was threatened. Avenatti said he plans to file a defamation allegation against Trump as a result of the president's comments last week about his client's truthfulness.

Not long after Trump made that public assertion, the FBI raided Cohen's office and home as part of an ongoing criminal investigation. Media reports out of Washington have suggested that federal agents are investigating potential crimes such as wire fraud and campaign finance violations associated with the Daniels affair.

Cohen and Trump have both blasted the FBI raid as a violation of attorney-client privilege. They have also filed court papers in Los Angeles seeking to have Daniels' lawsuit put on hold while Cohen deals with the FBI investigation.

FRED SHUSTER, City News Service and Patch Staffer Paige Austin contributed to this report.

President Donald Trump (Photo by Joe Raedle/Getty Images)