Stormy Daniels Case: Avenatti To Judge — Let Me Depose Trump Now

While her lawyer, Michael Avenatti, has made headlines over the past few weeks by releasing sensitive financial information on Donald Trump’s lawyer, Michael Cohen, not much has happened in Stormy Daniels’ lawsuit against Trump and Cohen since a federal judge ordered a 90-day delay in the case.  Until now. California Judge S. James Otero granted the delay on April 27, because he said the Daniels suit—in which she seeks to cancel a non-disclosure agreement she signed over her sexual encounter with Trump in 2006—overlaps with a criminal investigation of Cohen now under way in a New York federal court. Cohen told Otero that if the Daniels case continued without the delay, he would simply invoke his Fifth Amendment rights and refuse to answer questions. But on Thursday morning, Avenatti filed a new motion in Otero’s court, saying while Cohen may take the Fifth, Trump can’t—based on public statements made by Trump’s newest attorney, former New York Mayor Rudy Giuliani, as well as statements by Trump himself. Because Giuliani has said Cohen possesses no incriminating information on Trump, and that the New York investigation of Cohen does not involve Trump, there is no reason to delay a deposition of Trump any longer. Avenatti explained his motion to the news site Politico on Thursday. "The general premise is that Mr. Trump and Mr. Giuliani have, once again, shot themselves in the foot by making public statements related to the $130,000 payment," Avenatti told the site. "They clearly don't need Mr. Cohen to mount a defense in the case. There's no need to wait for resolution of the criminal matter ... Mr. Giuliani and Mr. Trump don't seem to have a problem defending themselves on Hannity, so they can certainly defend themselves in this case." In the motion, Avenatti said Trump and Giuliani have repeatedly claimed the New York investigation is concerned only with Cohen’s businesses. For that reason, there’s no reason Trump shouldn’t have to answer questions under oath in the Daniels lawsuit. The motion may be read in its entirely online at this link. “The new developments in the case make clear that less drastic measures than a complete stay of all proceedings are available. Mr. Cohen will not be deposed while the existing stay is in place,” Avenatti’s motion says.  “Plaintiff (i.e. Daniels) has agreed to only pursue a deposition of Mr. Trump—who is not reportedly under criminal investigation for any of his dealings relating to the facts of this case.” Reportedly, when federal agents on April 9 searched Cohen’s office and residences, they seized documents related to Cohen’s $130,000 “hush money” payment to Daniels. Though lawyers for Cohen and Trump have not commented on Avenatti’s motion to lift the 90-day stay in the Daniels case and put Trump under oath, they are expected to oppose the request. Under the 90-day delay, Daniels’ lawsuit was not supposed to have another court date until July 27, but according to Avenatti, the court has set June 21 for a hearing on his motion to take a sworn deposition of Trump. Photos by Michael Snipes / Tennessee National Guard  / Wikimedia Commons