The lawsuit brought by Stormy Daniels against Donald Trump’s personal lawyer Michael Cohen has been put on hold for three months.

District judge James Otero made the order on Friday, saying Cohen’s constitutional rights could be endangered if the lawsuit by the adult film actor proceeds while the US president’s lawyer is under criminal investigation.



“The court finds that there is a large potential factual overlap between the civil and criminal proceedings that would heavily implicate Mr Cohen’s fifth amendment rights,” Otero wrote, referring to the US constitution’s protection against self-incrimination.

Cohen said earlier this week he would invoke the fifth amendment and refuse to answer questions in the lawsuit after FBI agents raided his home and office on 9 April. The FBI was seeking records about a non-disclosure agreement Daniels signed days before the 2016 presidential election.

Cohen and the federal government have indicated the criminal investigation and some seized documents relate to the hush-money payment at the heart of the lawsuit, even though the investigation’s precise subject has not been publicly disclosed, Otero wrote. The judge added that Cohen will probably be indicted.

“This is no simple criminal investigation; it is an investigation into the personal attorney of a sitting president regarding documents that might be subject to the attorney-client privilege,” Otero wrote.

“Whether or not an indictment is forthcoming, and the court thinks it likely based on these facts alone, these unique circumstances counsel in favor of stay.”

Daniels, whose real name is Stephanie Clifford, has said she had an affair with Trump in 2006, which the president denies, and sued to dissolve the confidentiality agreement that prevents her from discussing it. She is also suing Cohen, alleging defamation.

Cohen has admitted paying $130,000 to Daniels to secure her silence about having sex with Trump. Cohen said the payment was legal.

Daniels’ lawyer Michael Avenatti promptly pledged to fight the stay, writing on Twitter he would file an immediate appeal to the US court of appeals for the ninth circuit in California, which could ultimately lead the supreme court to weigh in.

“We do not agree with it,” Avenatti wrote. “Justice delayed is justice denied.”

Otero also ruled Daniels’ case would not be substantially affected by a delay, writing that she “has already appeared on at least two national shows ... to tell her alleged story”.

“The court agrees that [Daniels] has not established that she has actually been deterred from speaking, or that a delay in proceedings would cause undue prejudice,” he wrote.

Trump answered questions about Daniels for the first time earlier this month and said he had no knowledge of the payment made by Cohen and didn’t know where Cohen had gotten the money. Trump said on Thursday Cohen handles very little of his legal work, but did represent him in the “crazy Stormy Daniels deal”.