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Judi Lynn

(160,598 posts)
Thu Apr 12, 2018, 06:39 PM Apr 2018

Stormy Daniels Lawyer: Cohen Told Court He Would Plead The Fifth

Source: Talking Points Memo

By Matt Shuham April 12, 2018 6:17 pm

The Presidents personal lawyer announced his intention to potentially plead the Fifth Amendment in a defamation suit involving the Presidents alleged affair with a porn star, the porn stars lawyer said Thursday.

Weve learned moments ago, within the last two hours, that Michael Cohen will be filing a motion tomorrow in our case, an emergency motion to stay or temporarily stop our case, Michael Avenatti, adult film star Stephanie Cliffords attorney, told MSNBCs Nicole Wallace.

The grounds for that motion are going to be that it is his intention to plead the Fifth Amendment against self-incrimination if our case goes forward, in light of potential criminal jeopardy that he finds himself in, Avenatti continued. So this is a stunning development.

Clifford, known professionally as Stormy Daniels, sued Trump for the right to tell her story despite a non-disclosure agreement she signed in 2016 covering the alleged affair. Shes argued that the agreement is invalid without Trumps signature. She also recently sued Trump and Cohen for defamation over their implications, she asserted, that she was lying about the affair. The suit includes several other assertions.

Read more: https://talkingpointsmemo.com/livewire/stormy-daniels-lawyer-cohen-told-court-he-would-plead-the-fifth



Trump Lawyer Cohen Says He Intends to Seek Halt to Stormy Daniels Case
April 12, 2018, 5:10 PM CDT

Michael Cohen, who has been U.S. President Donald Trump’s personal lawyer, intends to seek a halt to a lawsuit filed by adult film actress Stormy Daniels over a non-disclosure agreement, according to a court filing.

Cohen, whose home, office and hotel room in New York were raided on April 9 by the FBI, will seek the halt to the civil case because of “an ongoing criminal investigation” that would require him to assert his Fifth Amendment privilege against self-incrimination, according to the filing in federal court in Los Angeles.

https://www.bloomberg.com/news/articles/2018-04-10/to-visit-america-s-richest-zip-code-first-you-ll-need-a-boat

(Short article, no more at link.)
12 replies = new reply since forum marked as read
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Sanity Claws

(21,851 posts)
1. It is not a plea
Thu Apr 12, 2018, 06:45 PM
Apr 2018

He will take the Fifth. He will invoke the Fifth. However he will not plead the Fifth because there is no such plea in civil proceedings.
He should know better than to misuse legal terms like that.

 

jberryhill

(62,444 posts)
2. Avenattis motion to expedite to slapped again today
Thu Apr 12, 2018, 06:58 PM
Apr 2018

Judge Otero is not allowing any more motions absent a signed stipulation that the meet and confer requirement is met, because Avenatti renewed his previously-rejected motion by saying that the meet and confer requirement was met by the conference they had on the previous motion, but not the renewed motion.

If I have time later on, I’ll post a summary of what’s on the table for the May 17 motion hearing, which differs markedly from the “as seen on TV” version of the status of this litigation train wreck.

If I were Otero, I’d send the circus to arbitration, and let the parties play games with the arbitrator or the Ninth Circuit. From a docket management perspective, that’s the most efficient move for the judge.

Igel

(35,337 posts)
5. I'm beginning to think Avenatti's goal is personal, not legal.
Thu Apr 12, 2018, 07:17 PM
Apr 2018

Maybe he wants to put Cohen in a legal bind. He defends himself and goes on public record over things that Mueller could use.

Perhaps he just wants Cohen to let his client go full-bore public and make lots of money. Which means, of course, he makes lots of money. (Always a worthy objective, per some: Follow the money.)

Or perhaps at this point the woman scorned is a more appropriate meme to invoke. The hush money was good when it was the only game in town; but now there's a much better game that could be hers resulting from much greater exposure to the media.

FakeNoose

(32,712 posts)
11. Yes Avenatti can't go after Trump, so his only target is Cohen
Thu Apr 12, 2018, 08:05 PM
Apr 2018

He seems to be doing a pretty good job of it too.



WheelWalker

(8,955 posts)
7. That would be known as the "Turd Toss" would it not? Although
Thu Apr 12, 2018, 07:27 PM
Apr 2018

generally perhaps "turd toss" refers to the passing of a defendant from one attorney to another?

Igel

(35,337 posts)
3. Different people behind your two uses of "he".
Thu Apr 12, 2018, 07:13 PM
Apr 2018

The first is what Cohen's alleged to have said.

The second, the person saying Cohen said he'd "plead the 5th" was Avenatti, who, if quoted correctly, continues to wow with his political sagacity but legal sagginess.

Sanity Claws

(21,851 posts)
4. Youre right
Thu Apr 12, 2018, 07:16 PM
Apr 2018

Cohen is so stupid regarding legal matters that he talked about a plea in a civil matter.

forgotmylogin

(7,530 posts)
8. "Sorry I can't testify in your court case..."
Thu Apr 12, 2018, 07:33 PM
Apr 2018

"As it seems I'll be needing to assert 5th Amendment privs about this in this Federal case so I don't implicate myself in the crime...soooo... Sorry!"

This ranks up with Sessions "I can't tell you in case the President wishes to invoke Executive Privilege about it at some unspecified time in the future..."

unblock

(52,287 posts)
9. in a civil case it's much easier. "ok, you lose. now no worries about self-incrimination!"
Thu Apr 12, 2018, 07:44 PM
Apr 2018

ok, obviously, it's not so simple.

but winning a civil case after taking the fifth seems an uphill challenge. not technically admissible but certainly isn't going to get the judge on your side.

KY_EnviroGuy

(14,494 posts)
12. Hell, watching tRump's shenanigans is better than law school!
Thu Apr 12, 2018, 10:50 PM
Apr 2018

America's getting one heck of a legalese education.

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