Trump Fixer Michael Cohen To Plead The Fifth

LOS ANGELES, CA — President Donald Trump's personal attorney seems to think criminal charges are in his near future, and his legal strategy will be to stay mum, according to a court filing in Los Angeles Wednesday.

Michael Cohen, President Donald Trump's famous fixer, filed a declaration in federal court in Los Angeles Wednesday saying he will assert his Fifth Amendment right to avoid testifying in a lawsuit by adult- film actress Stormy Daniels due to a pending criminal probe in New York.

If Cohen gets his way, the courtroom battle with Daniels will be put on hold while the federal investigation into Cohen continues in New York. The federal investigators recently raided Cohens home and office purportedly related to numerous business dealings and a $130,000 payment Cohen made to Daniels in order to keep her from going public with her alleged affair with Donald Trump. Daniels is suing to invalidate a "hush agreement" she signed in 2016 over the alleged affair she claims she had with Trump in 2006-07.

"Based on the advice of counsel, I will assert my 5th amendment rights in connection with all proceedings in this case due to the ongoing criminal investigation by the FBI and U.S. Attorney for the Southern District of New York," Cohen wrote above his signature in the two-page declaration filed in Los Angeles.

Daniels' attorney, Michael Avenatti, is expected to file a response to Cohen's declaration shortly.

"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."

During the downtown Los Angeles proceeding last week, Cohen's attorney, Brent Blakely, conceded the possibility his client might be indicted in the next three months.

"Things are moving fast," he said.

The solution, he told the court, would be to "hit the pause button ... get our files back (from the FBI)" and evaluate whether there is any overlap in the two cases.

The hearing marked an unprecedented moment in American history: The President of The United States fighting in court with a porn star about whether the details of their alleged affair should be debated in open court.

Blakely's source for the rumored indictment was none other than Daniels' attorney Michael Avenatti, who has tweeted and given interviews boasting that Cohen would likely be charged with breaking the law for his handling of the alleged affair. 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. They contend 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 told reporters after the hearing that he's confident the Trump team will have to fight this battle in open court.

“It has always been our intention to make sure that this case proceeded expeditiously and that as much information as possible would be known and made known to the American people about what happened here, all of the facts relating to the negotiation around this agreement, the $130,000 payment, and the coverup that has resulted," Avenatti said.

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.

Neither Daniels nor Cohen attended the packed hearing in downtown Los Angeles.

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, whose real name is Stephanie Clifford, is suing Trump and Cohen in federal court in Los Angeles, seeking to invalidate a non-disclosure agreement prepared by Cohen in 2016 to prevent her from discussing her claims of an affair with Trump. The agreement was signed just weeks before the presidential election.
Cohen has acknowledged paying Daniels $130,000 as part of the non-disclosure agreement he negotiated, but said it was paid with his own money without Trump's knowledge.

Trump has publicly said he was unaware of the payment and did not know why Cohen paid her.
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.

City News Service Reporter FRED SHUSTER contributed to this report.

Photos: NEW YORK, NY - APRIL 16: (L to R) Adult film actress Stormy Daniels (Stephanie Clifford) and Michael Avenatti, attorney for Stormy Daniels, speak to the media as they exit 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. Cohen and lawyers representing President Trump are asking the court to block Justice Department officials from reading documents and materials related to Cohen's relationship with President Trump that they believe should be protected by attorney-client privilege. Officials with the FBI, armed with a search warrant, raided Cohen's office and two private residences last week. (Photo by Drew Angerer/Getty Images)

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