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Politics : Formerly About Advanced Micro Devices

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To: Brumar89 who wrote (1065087)4/13/2018 12:25:28 PM
From: Brumar89  Read Replies (1) of 1578145
 
THREAD: Why is Michael Cohen taking the Fifth and seeking a stay of the Stormy Daniels lawsuit?

Renato Mariotti added,

MSNBCVerified account @MSNBC
JUST IN: Stormy Daniels' attorney @MichaelAvenatti says Trump's lawyer Michael Cohen will "plead the 5th amendment against self incrimination" and he "will seek an emergency stay" against the defamation lawsuit.

Renato Mariotti?Verified account @renato_mariotti

1/ Michael Cohen is smart to take the Fifth. The FBI raided his home and office, so you don't need to be a lawyer to know that he's the subject of a federal criminal investigation. There have been reports that the investigation involved the payment to Stormy Daniels.

2/ So Cohen is smart to keep his mouth shut--everything he says can and will be used against him in the criminal case. Unfortunately for Cohen, he can't use a time machine to reverse the damaging statements previously made by him and his attorney.

3/ Obtaining a stay in the civil case would put it on hold, which would delay depositions and other discovery while the criminal investigation is ongoing, if the judge grants the stay. If the judge doesn't grant the stay, Cohen is in a very bad position.


4/ In a civil case, if you take the Fifth, the court or jury is permitted to presume that your answers would have been damaging to you. So while taking the Fifth can't be used against you in a criminal case, it can hurt you in a lawsuit.

5/ For that reason, the criminal investigation will weaken Cohen's position in the Daniels lawsuit. It was already unlikely that the court would uphold the arbitration clause, but now Cohen has one hand tied behind his back. /end
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