LOS ANGELES — A judge on Friday delayed a civil lawsuit by porn actress Stormy Daniels against President Donald Trump and his personal lawyer, Michael Cohen, citing a criminal investigation the attorney is facing.
U.S. District Judge S. James Otero agreed to put the case on hold for three months and set a hearing for July 27.
Cohen asked for a delay after FBI agents raided his home and office earlier this month. The FBI was 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 sued to dissolve a confidentiality agreement that prevents her from discussing it. She’s also suing Cohen, alleging defamation.
Cohen’s attorney said 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.
Otero agreed, ruling that “there is a large potential factual overlap between the civil and criminal proceedings that would heavily implicate Mr. Cohen’s Fifth Amendment rights.”
Daniels’ attorney, Michael Avenatti, tweeted that he’d likely be filing an immediate appeal of Otero’s ruling with the 9th U.S. Circuit Court of Appeals.
“We do not agree with it,” Avenatti wrote. “Justice delayed is justice denied.”
While Otero agreed with Avenatti that Cohen’s argument for delay was made weaker without an indictment being filed against him, “the significance of the FBI raid can’t be understated.”
“This is no simple criminal investigation,” Otero wrote. “It is an investigation into the personal attorney of a sitting president regarding documents that might be subject to the attorney-client privilege.”
He continued to say that “whether or not an indictment is forthcoming, and the court thinks it is likely based on these facts alone, these unique circumstances counsel in favor of stay.”
Cohen said in court records that FBI agents had seized his electronic devices and documents that 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, who has denied there was ever an affair between Daniels and Trump, said he paid the money out of his pocket using a home equity loan. He has said neither the Trump Organization nor the Trump campaign was a party to the transaction with Daniels and he was not reimbursed for the payment.
Trump answered questions about Daniels for the first time earlier this month and said he had no knowledge of the payment made by Cohen and didn’t know where Cohen had gotten the money. The White House has repeatedly said Trump denies the affair.
Trump said Thursday that Cohen handles very little of his legal work, but did represent him in the “crazy Stormy Daniels deal.”
Otero also ruled that Daniels’ would not be substantially impacted by a delay, writing that she “has already appeared on at least two national shows … to tell her alleged story.”
“The court agrees that (Daniels) has not established that she has actually been deterred from speaking, or that a delay in proceedings would cause undue prejudice,” he wrote.
Cohen’s attorneys have accused Daniels of violating the confidentiality clauses more than 20 times and said she could be liable for $1 million in damages for each violation.
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The legal campaign, launched by Mr Evans and Alfie’s mother Kate James, attracted widespread attention and saw them clash with doctors over the child’s treatment.
Who was Alfie Evans?
When are parents denied the final say?
The case drew international support including from Pope Francis, who asked that “their desire to seek new forms of treatment may be granted”.
A statement from Alder Hey Children’s Hospital in Liverpool, where Alfie was treated, said staff expressed their “heartfelt sympathy”.
“All of us feel deeply for Alfie, Kate, Tom and his whole family and our thoughts are with them. This has been a devastating journey for them,” it said.
It asked those wishing to leave tributes to Alfie to place them at the nearby Springfield Park.
Supporters of Alfie’s parents, known as Alfie’s Army, said balloons would be released at the park at about 14.30 BST and asked for attendees to remain “peaceful and respectful”.
The RC Archbishop of Liverpool, Malcolm McMahon, said: “All who have been touched by the story of this little boy’s heroic struggle for life will feel this loss deeply.
“Now it is time for us to give Tom and Kate space to grieve their son’s death and offer our prayers for him and consolation for all.”
The Bradley Lowery Foundation, named after the six-year-old boy who died after suffering from neuroblastoma, paid tribute to Alfie’s parents, saying “they did everything they could for their little boy”.
Alfie, who was born in May 2016, was first admitted to the hospital the following December after suffering seizures, and had been a patient ever since.
His parents, who live in Bootle, wanted to fly the toddler to an Italian hospital, but this was rejected by doctors who said continuing treatment was “not in Alfie’s best interests”.
Image copyright Kate James
Alder Hey Hospital said scans showed “catastrophic degradation of his brain tissue” and that further treatment was not only “futile” but also “unkind and inhumane”.
The couple heavily criticised medical staff, with Mr Evans suggesting his son was a “prisoner” at the hospital and had been misdiagnosed.
Hospital bosses were backed by the High Court, which ruled in their favour on 20 February, after accepting medical evidence that there was “no hope” for the youngster.
Image copyright PA
Image caption
Tom Evans and Kate James contested the hospital’s decision to take Alfie off life support
In a four-month legal battle, Alfie’s parents unsuccessfully contested the ruling at the Court of Appeal, Supreme Court and European Court of Human Rights (ECHR).
However, two days later the Court of Appeal upheld a ruling preventing the toddler from travelling abroad after life support was withdrawn.
Media captionOn Thursday, Alfie’s father Tom Evans urged campaigners to “return to your lives”
Supporters of Alfie’s parents protested outside the hospital, prompting its bosses to defend staff who they said had endured a “barrage” of abuse.
On Monday, a group of protesters tried to get into the hospital after the ECHR refused to intervene.
Merseyside Police is investigating claims patients and staff had been intimidated.
On Thursday, Mr Evans thanked supporters but asked them “to go home” so the parents could build a relationship with the hospital to provide the toddler “with the dignity and comfort he needs”.
