Trump lawyer will assert Fifth Amendment right in Stormy Daniels case

Mark Cuban and Trump lawyer Michael Cohen exiting the Landmarc restaurant on Nov. 9

President Trump's personal lawyer says he'll use his Fifth Amendment rights in the lawsuit filed by adult film star Stephanie Clifford against him and Mr. Trump, citing the FBI's ongoing criminal investigation into him.

Lawyers for Trump and Cohen have said Daniels' civil lawsuit overlaps the criminal probe of Cohen's business affairs, and that letting her case proceed could both impair Cohen's constitutional right against self-incrimination and make it harder for Trump to defend himself. Investigators raided Cohen's home, office and hotel April 9 and seized documents and communications.

Otero said in court last week that he was not privy to the affidavit for the NY searches, but that he'd reviewed the docket of proceedings in federal court in that jurisdiction. So far, US District Judge Kimba Wood has ruled against Cohen and Trump, though she has said she would be willing to consider their backup request to have an independent third-party review record before prosecutors and agents do. The original suit sought to nullify a hush agreement over an alleged fair between the actor and the president.

She argues it isn't valid because Cohen signed it, but the president did not.

"It was reasonably understood Mr. Cohen meant to convey that Ms. [Stephanie] Clifford is a liar", the complaint states.

Cohen paid Daniels $130,000 as part of a non-disclosure agreement in 2016, weeks before Election Day.

She's said she had sex with Trump once in 2006 and their relationship continued for about a year.

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