This comes after the April 9 raid in which the Federal Bureau of Investigation executed search warrants on his home, office and hotel room in New York City, and they seized electronic devices and documents about the $130,000 payment to Daniels, and seized Cohen's related communications with his lawyer Brent Blakely.
The suit, filed last month, names the president and Essential Consultants, a company Cohen created as a vehicle for the payment, as defendants. She later amended the lawsuit to include the defamation charges against Cohen, and has threatened through her representation to sue Trump for defamation as well.
"The mob takes the Fifth", Trump said at one campaign rally, according to the Associated Press.
Cohen paid Daniels $130,000 as part of a nondisclosure agreement made just weeks before the 2016 presidential election.
"On April 10, 2010 I first realized my First Amendment rights would be implicated in this case, after I considered the events of April 9, 2018, described in the above paragraph 2", said a Cohen declaration filed on Wednesday.
Otero must now decide whether there is evidence of enough overlap between the civil case and the criminal investigation to justify a pause.
The decide is anticipating an replace from federal prosecutors who've been copying the information and recordings to allow them to be given to Cohen's authorized crew. They have said an internal team, separate from the investigators, is capable of reviewing the seized material without prejudice.
"Mr. Cohen is a key witness in this action and Defendants' most knowledgeable person with respect to the facts", asserts his attorney Brent Blakely, noting that Cohen negotiated the settlement agreement with Daniels' previous lawyer and arranged for the payment. A lawyer for Trump wrote that the president himself would be available "as needed" to assist in the process.
Choose Wooden has signaled that the dispute will play out in public view on Thursday.