Trump's lawyer Cohen says to invoke constitutional rights in porn star case

President Trump's phone call to 'Fox and Friends' used against him by prosecutors

Trump's lawyer Cohen says to invoke constitutional rights in porn star case

Cohen's lawyer says he wants to make sure he doesn't say anything in court during the Daniels case that could be used against him in the NY case.

President Trump's personal attorney Michael Cohen says he will plead the Fifth Amendment in the case brought by adult film star Stormy Daniels.

Cohen, who's concurrently facing a criminal investigation in NY, said in a filing that he will assert his Fifth Amendment rights if he's asked to testify about a $130,000 payment he made to Daniels 11 days before the 2016 election. The NDA covers an alleged affair Clifford had with Trump years ago.

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The probe of Cohen's business dealings, and the FBI's search of his office that uncovered information related to the $130,000 payment, started with a referral from Special Counsel Robert Mueller, who is investigating alleged Russian interference in the 2016 presidential election and possible collusion with the Trump campaign. Trump has also denied the affair and any knowledge of the payment.

The request to put the case on hold due to the pending criminal investigation would, if successful, stop any such depositions or document requests from proceeding for the time being.

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Avenatti is seeking to take depositions of Trump and Cohen and to receive documents from them as part of an initial hearing before the federal court to determine whether an agreement even exists.

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

"Our client will make himself available, as needed, to aid in our privilege review on his behalf", attorneys Joanna Hendon, Christopher Dysard and Reed Keefe wrote in their filing.

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