James Otero says bar for gag order against Michael Avenatti is high and it did not seem Cohen had met that burden

A federal judge said on Friday he is unlikely to issue a gag order stopping a lawyer for adult film star Stormy Daniels discussing her lawsuit against Donald Trump with reporters and the public.

Donald Trump denies knowing of Russia meeting and attacks Michael Cohen Read more

US district judge James Otero made the comment in a hearing held a day after the attorney, Michael Avenatti, said he now represents three more women who claim to have had relationships with Trump and to have been paid “hush money” before the 2016 presidential election.

Otero did not immediately issue a decision on the gag order requested on behalf of Michael Cohen, a longtime personal lawyer for Trump. The motion said Avenatti had been running a “smear campaign” against Cohen. His lawyer, Brent Blakely, argued that Avenatti’s frequent interviews and near-daily tweets about Trump and Cohen could taint future jurors.

“Like a small-town carnival magician who attempts to confuse the audience with smoke and mirrors, Avenatti attempts to somehow justify his conduct by pulling the first amendment out of his tiny bag of tricks while at the same time pointing his finger at others,” Blakely wrote in requesting the order.

Otero said the constitution is “neither a trick nor an illusion” and told Blakely his request was “serious business”.

The judge said he had some concerns about statements Avenatti has made about Cohen, but said the bar for a gag order was high and it did not seem Cohen had met that burden. He did not immediately issue a decision.

The judge is also considering whether to continue delaying Daniels’ case because Cohen is under federal investigation in New York.

Avenatti disclosed that he had additional clients at a community forum in West Hollywood, but would not provide additional details. Asked if he had evidence that the women had relationships with Trump, Avenatti said: “Yes.”

He said he was “not at liberty to share” the evidence because he didn’t have permission from his clients. But Avenatti said the women, who contacted him months ago, were “paid hush money prior to the 2016 election”.

He called on Trump and Cohen to come forward and disclose information about the women and their supposed relationships with Trump.

“They should release the information to the American people now,” Avenatti said. “Enough with the games.”

After the hearing on Friday, Avenatti tweeted: “We will not be silenced! I am pleased to report that all indications are that Michael Cohen and Donald Trump have failed miserably in their effort to prevent me from speaking the truth to the press and the public. They were almost laughed out of court.”

He also spoke to reporters.

Michael Avenatti (@MichaelAvenatti) We will not be silenced! I am pleased to report that all indications are that Michael Cohen and Donald Trump have failed miserably in their effort to prevent me from speaking the truth to the press and the public. They were almost laughed out of court.https://t.co/jjb8Cnfuds

Trump’s attorney, Charles Harder, would not comment on Friday. Cohen’s lawyer, Lanny Davis, declined to comment but cautioned against believing everything that a lawyer says in the heat of a legal battle.

“Mr Avenatti is an aggressive attorney doing his job in the middle of litigation,” Davis said. “I have been there, done that. An attorney in litigation is just that, and until the litigation is over, I’m not going to comment on the words used.”

Daniels, whose real name is Stephanie Clifford, has said she had sex with Trump in 2006, when he was married, but Trump has denied it. Days before the 2016 presidential election, she was paid $130,000 to stay silent in a deal handled by Cohen. She is suing to invalidate the nondisclosure agreement.

Daniels also sued Cohen last month, alleging he colluded with her former lawyer to get her to appear on Fox News and falsely deny a sexual tryst with Trump.