Cohen's lawyer wants Daniels case delayed

A federal judge in California said Friday that he needed to hear from President Donald Trump's attorney Michael Cohen directly before deciding whether to issue a stay in a civil lawsuit involving porn star Stormy Daniels. CNN's Sara Sidner reports.

Posted: Apr 22, 2018 9:35 AM
Updated: Apr 22, 2018 9:35 AM

A federal judge in California said Friday that he needed to hear from President Donald Trump's attorney Michael Cohen directly before deciding whether to issue a stay in a civil lawsuit involving porn star Stormy Daniels.

Daniels wants to void a contract she signed days before the 2016 general election in which she agreed to stay quiet about her alleged 2006 affair with Trump. The White House has said Trump denies the affair.

Judge S. James Otero gave Cohen's attorney until Wednesday to file a declaration by Cohen himself indicating whether his Fifth Amendment right against self-incrimination could be at issue in the civil case due to an ongoing criminal investigation in New York.

Otero told Cohen attorney Brent Blakely that he'd heard enough arguments on Cohen's behalf.

"What's important here are Mr. Cohen's statements," Otero said, in a courtroom packed with dozens of journalists.

Otero said he would take Cohen's legal team's request to stay the proceedings for 90 days under advisement. He called a declaration by Cohen "probably a necessary component" in reaching that decision.

Otero is tasked with determining whether there is substantial overlap between the FBI raids of Cohen's home, office and hotel earlier this month and his role in negotiating a deal with Daniels in 2016 in which she was paid to keep quiet about the alleged sexual encounter with Trump a decade before his presidency.

Since Cohen and his lawyers are requesting the stay, Otero said, the burden is on them to show a large overlap between the two matters.

The "conundrum," the judge said, is that "the scope and breadth of the criminal investigation remains a mystery."

Otero said that he was not privy to the affidavits for the New York searches, but that he'd reviewed the docket of proceedings in federal court in that jurisdiction.

He said "common sense" told him the decision to conduct a raid on an attorney for the President of the United States signaled "a significant and serious matter."

"You're going to make sure that it's more than just a bare-bones case," Otero added. "It's probably substantially likely that there's some sort of criminal action to follow."

Blakely said he and Cohen were hamstrung in mounting a defense because the FBI seized Cohen's computers, phone and files, some of it relating to Daniels.

"They took everything and they still have it," he said.

Daniel's attorney, Michael Avenatti, asked Otero to deny the stay, which he said was unnecessary.

He said the fact that Cohen had not filed a declaration regarding his Fifth Amendment rights was "a strategic, purposeful decision."

He said Blakely and Cohen and "no evidence" of significant overlap between Daniels' case and the New York criminal probe.

"There's a whole range of things that could relate to," he said.

At one point Otero brought up "less drastic" alternatives to a stay in the proceedings, such as having Cohen be deposed instead of testifying in court.

Were that to happen, Blakely said, "my client would have to assert the 5th to practically everything."

Cohen paid Daniels $130,000, a payment which Cohen alleges was made using his personal funds and out of personal loyalty to Trump but which raised red flags among campaign finance experts and drawn the scrutiny of federal investigators.

FBI agents raided Cohen's home, hotel room and office last week as part of what was ultimately revealed to be an ongoing criminal investigation into his business dealings. According to sources, investigators were seeking information about a range of issues, including Cohen's 2016 hush agreement with Daniels.

They are also seeking records related to a deal between ex-Playboy model Karen McDougal and American Media Inc., which prevented her from publicly discussing her alleged 10-month affair with Trump, and the infamous "Access Hollywood" tape that came to light weeks before the 2016 election, which captured Trump making lewd remarks about women in 2005.

Minnesota Coronavirus Cases

Data is updated nightly.

Cases: 684070

Reported Deaths: 8086
CountyCasesDeaths
Hennepin1407851856
Ramsey58714945
Dakota52269497
Anoka48192481
Washington30731309
Stearns24909240
St. Louis20363335
Scott19700145
Wright18589163
Olmsted15877110
Sherburne13539101
Carver1212252
Clay917195
Rice9129121
Blue Earth870147
Crow Wing7820102
Kandiyohi745189
Chisago715458
Otter Tail668393
Benton6472101
Mower560738
Winona556152
Goodhue551980
Douglas537484
Itasca519671
Beltrami508072
McLeod503263
Steele502921
Isanti492570
Morrison468363
Nobles449950
Becker436859
Polk435975
Freeborn430438
Lyon395154
Carlton391759
Nicollet378947
Pine375126
Mille Lacs355860
Brown347944
Cass345735
Le Sueur341729
Todd322634
Meeker305749
Waseca290125
Martin263533
Wabasha24364
Dodge24224
Roseau234023
Hubbard233041
Houston205416
Renville200248
Redwood199642
Fillmore196810
Pennington191121
Wadena185826
Faribault180825
Cottonwood177024
Sibley176710
Chippewa171539
Kanabec165029
Watonwan155311
Aitkin155238
Rock139519
Jackson134912
Pope13128
Yellow Medicine125320
Pipestone125026
Koochiching118119
Swift117619
Murray115510
Stevens115211
Marshall104118
Clearwater102618
Lake91321
Wilkin89714
Lac qui Parle84824
Mahnomen6909
Big Stone6854
Grant6848
Norman6549
Lincoln6524
Kittson53322
Unassigned53093
Red Lake4807
Traverse4255
Lake of the Woods3984
Cook2140

Iowa Coronavirus Cases

Data is updated nightly.

Cases: 432122

Reported Deaths: 6339
CountyCasesDeaths
Polk67341672
Linn25698353
Scott22828261
Black Hawk19121334
Woodbury16940233
Johnson1659690
Dubuque14547218
Pottawattamie13058183
Dallas12746102
Story1187148
Warren685993
Webster6304102
Cerro Gordo6212102
Clinton620097
Des Moines594482
Muscatine5781108
Unassigned57410
Marshall564280
Sioux542775
Jasper516575
Lee511078
Wapello4993128
Buena Vista472942
Marion449083
Plymouth434083
Henry339940
Jones331158
Bremer325365
Crawford321644
Carroll317053
Washington315754
Benton312656
Boone308736
Mahaska275453
Dickinson270846
Kossuth251471
Jackson246044
Clay245729
Tama238273
Delaware234643
Buchanan233938
Hardin230847
Page221624
Cedar220525
Fayette220345
Wright217641
Winneshiek215937
Hamilton211752
Harrison198875
Clayton194458
Madison193820
Butler188836
Floyd187742
Mills185224
Poweshiek181036
Cherokee179440
Iowa176425
Allamakee176252
Lyon174441
Jefferson169138
Calhoun168313
Hancock167335
Winnebago164231
Grundy158835
Cass155556
Louisa154949
Shelby151739
Appanoose151249
Emmet149541
Franklin148524
Humboldt147226
Sac144722
Union144237
Mitchell141643
Guthrie138132
Chickasaw137518
Palo Alto131124
Clarke125024
Montgomery122239
Keokuk116232
Howard115622
Monroe114033
Ida107538
Davis103125
Pocahontas99023
Greene98012
Adair95334
Monona94733
Lucas94523
Worth9268
Osceola83717
Decatur74510
Fremont74111
Taylor72412
Van Buren70919
Wayne65123
Ringgold62226
Audubon58414
Adams3914
Rochester
Clear
57° wxIcon
Hi: 66° Lo: 51°
Feels Like: 57°
Mason City
Clear
51° wxIcon
Hi: 69° Lo: 49°
Feels Like: 51°
Albert Lea
Partly Cloudy
55° wxIcon
Hi: 66° Lo: 49°
Feels Like: 55°
Austin
Partly Cloudy
55° wxIcon
Hi: 68° Lo: 50°
Feels Like: 55°
Charles City
Partly Cloudy
55° wxIcon
Hi: 70° Lo: 50°
Feels Like: 55°
Cooler conditions continue through the week
KIMT Radar
KIMT Eye in the sky

Latest Video

Image

Austin 3rd graders enjoy a day on the farm

Image

Mason City Schools to enact mask mandate

${item.thumbnail.title}

Olmsted County Risk Mitigation Program to offer housing assistance

${item.thumbnail.title}

Olmsted County works to combat falls in older adults through Fall Prevention Coalition

Image

Albert Lea area schools shift to universal mask policy

Image

Albert Lea Schools

Image

Dispatcher Praised

Image

Risk Mitigation Program

Image

Fall Prevention Awareness

Image

Olmsted County 2021 Food Security Assessment

Community Events