Trump's lawyer (Michael Cohen) to plead Fifth Amendment in Daniels case
Donald
Trump's personal lawyer, Michael Cohen, has said he will invoke his
constitutional right to remain silent in a civil case brought by adult film
actress Stormy Daniels.
It is part
of an effort to delay the suit brought by Ms Daniels, who says she had sex with
Donald Trump in 2006.
She is
seeking to end a non-disclosure deal signed over the matter.
Mr Cohen
argues any statement he makes in court could affect a criminal inquiry into his
business affairs.
Lawyers for
Mr Cohen and Mr Trump have asked for the Daniels case to be put on hold in Los
Angeles for 90 days.
As part of
that investigation, the FBI raided his offices for information, including on
the non-disclosure agreement Ms Daniels signed days before the 2016
presidential election.
On Thursday,
Mr Trump told Fox News his lawyer was "a good guy" but only one among
his "many, many attorneys".
"He
represents me, like with this crazy Stormy Daniels deal," he said.
"I
don't know his business, but this doesn't have to do with me. He's got a
business. He also practises law. I would say probably the big thing is his
business. And they're looking at something having to do with his business. I
have nothing to do with with his business."
The Fifth
Amendment to the US constitution states that no individual can be "compelled
in any criminal case to be a witness against himself".
Invoking the
amendment means Mr Cohen will not have to reveal sensitive information in the
wider investigation into his affairs.
A lawyer for
Ms Daniels, Michael Avenatti, described Mr Cohen's move as a "stunning
development".
This is a
stunning development. Never before in our nation’s history has the attorney for
the sitting President invoked the 5th Amend in connection with issues
surrounding the President. It is esp. stunning seeing as MC served as the
“fixer” for Mr. Trump for over 10 yrs. #basta
It was
famously used in the 1950s by many of those forced to appear before the House
Un-American Activities Committee (HUAC) - a congressional panel that
investigated communist activities.
The
best-known example was the "Hollywood 10" - a group of screenwriters
and directors who refused to answer questions from HUAC members, citing their Fifth
Amendment rights. The committee jailed them for contempt.
During the
Iran-Contra scandal of the 1980s, President Ronald Reagan admitted the US had
secretly sold arms to Iran and siphoned off the profits to fund
"contra" rebels trying to overthrow Nicaragua's socialist government.
One figure
to emerge was Lt Col Oliver North, who repeatedly invoked the Fifth Amendment
when asked about his involvement in the affair. He was given a three-year
suspended sentence but later pardoned.
The Fifth
also played a role in one of America's most notorious murder trials, when Los
Angeles detective Mark Fuhrman, a key prosecution witness in the OJ Simpson
trial, controversially used it after tapes showing him using racist language
were played by the media.
Mr Fuhrman
was forced to invoke the amendment three times on whether he had used racist
language about ethnic minorities, angering the jury.
The raid on
Mr Cohen followed a tip-off by the office of Special Counsel Robert Mueller,
who is investigating alleged Russian interference in the 2016 presidential
election and possible collusion with the Trump campaign.
Russia
denies interfering in the election and Mr Trump has denied any collusion.
Separately,
Ms Daniels - real name Stephanie Clifford - alleges she had a sexual
relationship with Mr Trump in 2006.
Mr Trump has
denied having sex with Ms Daniels or any knowledge of the $130,000 (£92,000)
payment to Ms Daniels by Mr Cohen during the 2016 presidential campaign.
Ms Daniels
accepted the sum in return for signing the non-disclosure agreement.
During a recent
television interview, she said she had been threatened in 2011 in a Las Vegas
car park while she was with her infant daughter, and had been told to keep
quiet about her alleged relationship with Mr Trump.
Ms Daniels
is now suing the president in an attempt to invalidate the non-disclosure
agreement, which she alleges is invalid because he did not sign it personally.
Legal
analysts have said that Mr Cohen's $130,000 payment to Ms Daniels could have
violated the rules on financing Mr Trump's 2016 presidential campaign.
FROM bbc.com/news/world-us-canada
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