U.S. District Court Judge James Otero on Friday granted a 90-day delay in Daniels’ lawsuit against President Trump’s attorney Michael Cohen and in doing so, warned that Cohen likely faces a criminal indictment.
Earlier this month, FBI agents raided Cohen’s home, hotel room and law offices as part of what they say has been a months-long criminal fraud investigation into Trump’s longtime lawyer and fixer.
In his order granting the delay, Otero said the “significance of the FBI raid cannot be understated.”
“This is no simple criminal investigation,” he said. “It is an investigation into the personal attorney of a sitting president regarding documents that might be subject to the attorney-client privilege. Whether or not an indictment is forthcoming, and the Court thinks it likely based on these facts alone, these unique circumstances counsel in favor” of a delay.
Cohen cited the criminal investigation as a reason to put the lawsuit on hold. In court filings earlier this week, Cohen indicated he would assert his Fifth Amendment right against self-incrimination in the Daniels’ case.
Daniels’ lawyer, Michael Avenatti, said he likely would appeal.
“While we certainly respect Judge Otero’s 90-day stay order based on Mr. Cohen’s pleading of the 5th, we do not agree with it,” Daniels’ attorney Michael Avenatti said on Twitter. “Justice delayed is justice denied.”
Michael Avenatti✔@MichaelAvenatti
While we certainly respect Judge Otero’s 90 day stay order based on Mr. Cohen’s pleading of the 5th, we do not agree with it. We will likely be filing an immediate appeal to the Ninth Circuit early next week. Justice delayed is justice denied. #basta