Michael Cohen to Take Fifth Amendment in Stormy Daniels Lawsuit

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Michael D. Cohen, President Trump’s personal lawyer and confidant, said a federal investigation in New York will keep him from testifying in a separate lawsuit brought against the president.

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Jeenah Moon for The New York Times

Michael D. Cohen, President Trump’s longtime personal lawyer, will invoke his Fifth Amendment right in a lawsuit filed against the president by Stephanie Clifford, the pornographic film star better known as Stormy Daniels.

Mr. Cohen’s decision, disclosed Wednesday in a court filing in California, where the suit was filed, came a day before a federal judge in Manhattan was set to hold a hearing regarding materials seized from Mr. Cohen during an F.B.I. raid earlier this month.

Mr. Cohen cited the Manhattan investigation in his filing on Wednesday, saying that, if called as a witness in Ms. Clifford’s lawsuit, “I will assert my 5th Amendment rights in connection with all proceedings in this case due to the ongoing criminal investigation by the F.B.I. and U.S. Attorney for the Southern District of New York.”

Ms. Clifford was paid $130,000 to keep quiet about claims that she had an affair with Mr. Trump. She sued last month to get out of the nondisclosure agreement she signed in October 2016, alleging that it was void because Mr. Trump had never signed it.

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Citing the Fifth Amendment in the Clifford case allows Mr. Cohen to avoid being deposed and revealing sensitive information in the more important criminal investigation. That investigation — which prosecutors say has been going on for months — became public in dramatic fashion on April 9, when agents from the New York office of the Federal Bureau of Investigation raided Mr. Cohen’s office, apartment and a room at the Loews Regency Hotel he had been using. The inquiry is said to be focusing on hush-money payments that Mr. Cohen made to — or helped arrange for — Ms. Clifford and Karen McDougal, a former Playboy model who has also said she had an affair with Mr. Trump.

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For days now, prosecutors from the United States attorney’s office in Manhattan have been sparring with Mr. Cohen’s lawyers — and with lawyers for Mr. Trump — for the right to review the records first, a step that will shape the contours of how the government presses its investigation into whether Mr. Cohen tried to suppress negative news coverage of the president in the run-up to the 2016 election.

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