Judge puts Stormy Daniels' lawsuit against Trump lawyer on hold

April 27 (Reuters) - Adult-film star Stormy Daniels' lawsuit against U.S. President Donald Trump's personal lawyer, Michael Cohen, will be put on pause for 90 days, the federal judge in the case ordered on Friday, saying that Cohen's constitutional rights could be endangered if the lawsuit proceeds while he 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," District Judge James Otero wrote in the order, referring to the Constitution's protection against self-incrimination.

Cohen has admitted paying $130,000 to Daniels, whose real name is Stephanie Clifford, to secure her silence about having sex with Trump, which he denies. Cohen said the payment was legal, and Daniels has sued to end her nondisclosure agreement.

Daniels' lawyer Michael Avenatti promptly pledged to fight the stay, writing on Twitter he would file an immediate appeal to the U.S. Court of Appeals for the Ninth Circuit in California, which could ultimately lead the Supreme Court to have to weigh in.

18 PHOTOS
Stormy Daniels' lawyer Michael Avenatti
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Stormy Daniels' lawyer Michael Avenatti
NEW YORK, NY - AUGUST 20: Michael Avenatti attends the 2018 MTV Video Music Awards at Radio City Music Hall on August 20, 2018 in New York City. (Photo by Nicholas Hunt/Getty Images for MTV)
NEW YORK, NY - AUGUST 20: Michael Avenatti attends the 2018 MTV Video Music Awards at Radio City Music Hall on August 20, 2018 in New York City. (Photo by Nicholas Hunt/Getty Images for MTV)
Michael Avenatti, lawyer of adult-film actress Stormy Daniels, speaks during a Bloomberg Television interview in New York, U.S., on Thursday, Aug. 2, 2018. Avenatti discussed the allegations against President Donald Trump. Photographer: Mark Kauzlarich/Bloomberg via Getty Images
LOS ANGELES, CA - JULY 28: Michael Avenatti is seen on July 28, 2018 in Los Angeles, California. (Photo by gotpap/Bauer-Griffin/GC Images)
Michael Avenatti, attorney for Stormy Daniels, is pictured outside the Manhattan Federal Court in New York City, New York, U.S., April 13, 2018. REUTERS/Jeenah Moon
Adult film actress Stephanie Clifford, also known as Stormy Daniels, speaks to media along with lawyer Michael Avenatti (R) outside federal court in the Manhattan borough of New York City, New York, U.S., April 16, 2018. REUTERS/Brendan Mcdermid
Michael Avenatti (C), lawyer for adult-film actress Stephanie Clifford, also known as Stormy Daniels, speaks to the media outside the U.S. District Court for the Central District of California after a hearing regarding Clifford's case against Donald J. Trump in Los Angeles, California, April 20, 2018. REUTERS/Lucy Nicholson
Michael Avenatti, lawyer for adult-film actress Stephanie Clifford, also known as Stormy Daniels, leaves with a film crew film as he departs the U.S. District Court for the Central District of California after a hearing regarding Clifford's case against Donald J. Trump in Los Angeles, California, April 20, 2018. REUTERS/Mike Blake
Michael Avenatti, lawyer for adult-film actress Stephanie Clifford, also known as Stormy Daniels, speaks to the media outside the U.S. District Court for the Central District of California after a hearing regarding Clifford's case against Donald J. Trump in Los Angeles, California, April 20, 2018. REUTERS/Mike Blake
Stormy Daniels' attorney Michael Avenatti leaves federal court surrounded by news media in the Manhattan borough of New York City, New York, U.S., April 16, 2018.
Michael Avenatti (R), attorney for Stormy Daniels, is pictured outside the Manhattan Federal Court in New York City, New York, U.S., April 13, 2018. REUTERS/Jeenah Moon
THE VIEW - On Tuesday, April 17, Stormy Daniels sits down with the co-hosts of The View (11:00 a.m.-12:00 p.m. EDT) for her first live television interview. Daniels will be joined in studio by her attorney Michael Avenatti. 'The View' airs Monday-Friday (11:00 am-12:00 pm, ET) on the ABC Television Network. (Photo by Heidi Gutman/ABC via Getty Images) JOY BEHAR, STORMY DANIELS, MICHAEL AVANETTI
NEW YORK, NY - APRIL 16: Stormy Daniels and Michael Avenatti are seen outside federal court in downtown Manhattan on April 16, 2018 in New York City. (Photo by Raymond Hall/GC Images)
NEW YORK, NY - APRIL 16: Adult film actress Stormy Daniels' lawyer Michael Avenatti arrives at Federal Court for the hearing at the United States District Court Southern District of New York related to Michael Cohen, President Trump's longtime personal attorney and confidante, April 16, 2018 in New York City. Cohen and lawyers representing President Trump are asking the court to block Justice Department officials from reading documents and materials related to his Cohen's relationship with President Trump that they believe should be protected by attorney-client privilege. Officials with the FBI, armed with a search warrant, raided Cohen's office and two private residences last week. (Photo by Yana Paskova/Getty Images)
Attorney for Stormy Daniels, Michael Avenatti (R), arrives for a court hearing at the US Courthouse in New York on April 16, 2018. President Donald Trump's personal lawyer Michael Cohen has been under criminal investigation for months over his business dealings, and FBI agents last week raided his home, hotel room, office, a safety deposit box and seized two cellphones. / AFP PHOTO / Hector RETAMAL (Photo credit should read HECTOR RETAMAL/AFP/Getty Images)
NEW YORK, NY - APRIL 12: Gayle King, Michael Avenatti, Don Lemon and Sean Hannity attend the 2018 The Hollywood Reporter's 35 Most Powerful People In Media at The Pool on April 12, 2018 in New York City. (Photo by Taylor Hill/WireImage)
NEW YORK, NY - APRIL 13: Michael Avenatti, attorney for Stormy Daniels, speaks to reporters following a court proceeding regarding the search warrants served on President Donald Trump's longtime personal attorney Michael Cohen, at the United States District Court Southern District of New York, April 13, 2018 in New York City. Cohen and his lawyers are asking the court to block Justice Department officials from reading documents and materials related to his relationship with President Donald Trump that they believe should be protected by attorney-client privilege. Officials with the FBI, armed with a search warrant, raided Cohen's office and two private residences earlier in the week. (Photo by Drew Angerer/Getty Images)
THE VIEW - Stormy Daniels' attorney Michael Avenatti is the guest today, Monday, 3/26/18 on ABC's 'The View.' 'The View' airs Monday-Friday (11:00 am-12:00 pm, ET) on the ABC Television Network. (Photo by Paula Lobo/ABC via Getty Images) MEGHAN MCCAIN, SARA HAINES, MICHAEL AVANATTI, JOY BEHAR, WHOOPI GOLDBERG, SUNNY HOSTIN
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Cohen said earlier this week he would invoke the fifth amendment and refuse to answer questions in the lawsuit after the FBI raided his home, office and hotel room two weeks ago.

The Fifth Amendment to the U.S. Constitution states that no individual can be "compelled in any criminal case to be a witness against himself."

Daniels had countered that the lawsuit should proceed, with Cohen invoking the amendment only for specific questions that might lead to self-incrimination.

But Otero wrote that approach could lead to Cohen not answering any questions, rendering a deposition useless.

The stay is warranted "to determine that the scope and context of the FBI investigation and potential criminal proceedings will not substantially interfere with this action," Otero wrote.

53 PHOTOS
Porn star Stephanie Clifford, aka Stormy Daniels, who allegedly had a yearlong affair with Trump
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Porn star Stephanie Clifford, aka Stormy Daniels, who allegedly had a yearlong affair with Trump
LAS VEGAS, NV - JANUARY 21: Adult film actress/director Stormy Daniels attends the 2017 Adult Video News Awards at the Hard Rock Hotel & Casino on January 21, 2017 in Las Vegas, Nevada. (Photo by Gabe Ginsberg/Getty Images)
LAS VEGAS, NV - JANUARY 21: Actress Stormy Daniels arrives at the 2017 Adult Video News Awards held at the Hard Rock Hotel & Casino on January 21, 2017 in Las Vegas, Nevada. (Photo by Albert L. Ortega/FilmMagic)
LAS VEGAS, NV - JANUARY 18: Adult film actress/director Stormy Daniels appears at the Wicked Pictures booth at the 2017 AVN Adult Entertainment Expo at the Hard Rock Hotel & Casino on January 18, 2017 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - JANUARY 18: Adult film actress/director Stormy Daniels appears at the Wicked Pictures booth at the 2017 AVN Adult Entertainment Expo at the Hard Rock Hotel & Casino on January 18, 2017 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - JANUARY 23: Adult film actor/musician Brendon Miller (L) and his wife, adult film actress/director Stormy Daniels, attend the 2016 Adult Video News Awards at the Hard Rock Hotel & Casino on January 23, 2016 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - JANUARY 23: Adult film actress/director Stormy Daniels attends the 2016 Adult Video News Awards at the Hard Rock Hotel & Casino on January 23, 2016 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LOS ANGELES, CA - JANUARY 15: Adult film actress Stormy Daniels arrives for the 2016 XBIZ Awards held at JW Marriott Los Angeles at L.A. LIVE on January 15, 2016 in Los Angeles, California. (Photo by Albert L. Ortega/Getty Images)
LAS VEGAS, NV - JANUARY 22: Adult film actress/director Stormy Daniels poses at the Wicked Pictures booth at the 2015 AVN Adult Entertainment Expo at the Hard Rock Hotel & Casino on January 22, 2015 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - JANUARY 22: Adult film actresses/directors jessica drake (L) and Stormy Daniels pose at the Wicked Pictures booth at the 2015 AVN Adult Entertainment Expo at the Hard Rock Hotel & Casino on January 22, 2015 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
FORT LAUDERDALE, FL - MAY 03: Stormy Daniels attends Exxxotica 2014 on May 3, 2014 in Fort Lauderdale, Florida. (Photo by Larry Marano/Getty Images)
LAS VEGAS, NV - JANUARY 16: Adult film actress Stormy Daniels attends the 2014 AVN Adult Entertainment Expo at the Hard Rock Hotel & Casino on January 16, 2014 in Las Vegas, Nevada. (Photo by Gabe Ginsberg/FilmMagic)
LAS VEGAS, NV - JANUARY 16: Adult film actress Stormy Daniels attends the 2014 AVN Adult Entertainment Expo at the Hard Rock Hotel & Casino on January 16, 2014 in Las Vegas, Nevada. (Photo by Gabe Ginsberg/FilmMagic)
LAS VEGAS, NV - MAY 05: Adult film actress Stormy Daniels arrives at the Sapphire Pool & Day Club grand opening party on May 5, 2013 in Las Vegas, Nevada. (Photo by Gabe Ginsberg/FilmMagic)
CENTURY CITY, CA - JANUARY 11: Adult film actress Stormy Daniels and adult film actor Brendon Miller arrive for the 2013 XBIZ Awards held at the Hyatt Regency Century Plaza on January 11, 2013 in Century City, California. (Photo by Albert L. Ortega/WireImage)
CENTURY CITY, CA - JANUARY 11: Adult film actress Stormy Daniels arrives for the 2013 XBIZ Awards held at the Hyatt Regency Century Plaza on January 11, 2013 in Century City, California. (Photo by Albert L. Ortega/WireImage)
LAS VEGAS, NV - JANUARY 20: Adult film actress Stormy Daniels appears during an autograph signing for Wicked Pictures at the 2012 AVN Adult Entertainment Expo at The Joint inside the Hard Rock Hotel & Casino January 20, 2012 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - JANUARY 21: Adult film actress Stormy Daniels (L), and her husband, adult film actor Brendon Miller, arrive at the 29th annual Adult Video News Awards Show at the Hard Rock Hotel & Casino January 21, 2012 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - JANUARY 20: Adult film actress Stormy Daniels appears during an autograph signing for Wicked Pictures at the 2012 AVN Adult Entertainment Expo at The Joint inside the Hard Rock Hotel & Casino January 20, 2012 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS - OCTOBER 03: Stormy Daniels (R) arrives at Jet Nightclub at The Mirage on October 3, 2009 in Las Vegas, Nevada. (Photo by Denise Truscello/WireImage)
Musician Dave Navarro and actress Stormy Daniels arrive at the premiere 'Forgetting Sarah Marshall' at the Grauman's Chinese Theater on April 10, 2008 in Hollywood, California. (Photo by Jon Kopaloff/FilmMagic)
HOLLYWOOD - APRIL 10: Musician Dave Navarro and actress Stormy Daniels arrive at the premiere 'Forgetting Sarah Marshall' at the Grauman's Chinese Theater on April 10, 2008 in Hollywood, California. (Photo by Jon Kopaloff/FilmMagic)
Stormy Daniels arrives at the 50th Grammy Awards in Los Angeles on February 10, 2008. AFP PHOTO/Gabriel BOUYS (Photo credit should read GABRIEL BOUYS/AFP/Getty Images)
LOS ANGELES, CA - FEBRUARY 10: Actress Stormy Daniels arrives to the 50th Annual GRAMMY Awards at the Staples Center on February 10, 2008 in Los Angeles, California. (Photo by Gregg DeGuire/WireImage) *** Local Caption ***
LAS VEGAS - JANUARY 12: Actress Stormy Daniels arrives at a naughty night to remember at TAO Nightclub at The Venetian Hotel and Casino Resort on January 12, 2008 in Las Vegas, Nevada. (Photo by Chris Farina/WireImage) *** Local Caption ***
LAS VEGAS - JANUARY 12: Adult film actress Stormy Daniels (L) and radio talk show host Bubba the Love Sponge arrive at the 25th annual Adult Video News Awards Show at the Mandalay Bay Events Center January 12, 2008 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
HOLLYWOOD, CA - AUGUST 13: Stormy Daniels attends 'Superbad' Premiere Los Angeles - Arrivals at Mann's Chinese Theatre on August 13, 2007 in Hollywood, CA. (Photo by ANDREAS BRANCH/Patrick McMullan via Getty Images)
HOLLYWOOD - AUGUST 13: Actress Stormy Daniels attends the premiere of Superbad at Grauman's Chinese Theatre on August 13, 2007 in Hollywood, California. (Photo by Jeffrey Mayer/WireImage) *** Local Caption ***
Stormy Daniels during 'Knocked Up' Los Angeles Premiere - Red Carpet at Mann's Village Theater in Westwood, California, United States. (Photo by Jeff Kravitz/FilmMagic, Inc for Variety Magazine)
Stormy Daniels during 'Knocked Up' Los Angeles Premiere - Arrivals at Mann Village Theatre in Westwood, California, United States. (Photo by Jeffrey Mayer/WireImage)
Stormy Daniels and Gerard Butler (Photo by Denise Truscello/WireImage)
Stormy Daniels during GQ Magazine Celebrates Heineken Premium Light at Les Deux in Hollywood, California, United States. (Photo by M. Tran/FilmMagic)
Ron Jeremy and Stormy Daniels during Ron Jeremy Birthday Bash Hosted by Stormy Daniels in Association with Penthouse and Esterman - March 10, 2007 at Element in Hollywood, California, United States. (Photo by Enos Solomon/FilmMagic)
Ron Jeremy and Stormy Daniels (Photo by Enos Solomon/FilmMagic)
LAS VEGAS - JANUARY 13: Dieter Esch, head of Wilhelmina Models (L), and adult film actress Stormy Daniels arrive at the 24th annual Adult Video News Awards Show at the Mandalay Bay Events Center January 13, 2007 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS - JANUARY 13: Adult film actress Stormy Daniels arrives at the 24th annual Adult Video News Awards Show at the Mandalay Bay Events Center January 13, 2007 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
Stormy Daniels (Photo by Denise Truscello/WireImage) *** Local Caption ***
HOLLYWOOD - NOVEMBER 2: Socialite Stormy Daniels attends the Grand Opening of An Original Penguin on November 2, 2006 Hollywood, California. (Photo by Thos Robinson/Getty Images)
HOLLYWOOD - NOVEMBER 2: Socialite Stormy Daniels attends the Grand Opening of An Original Penguin on November 2, 2006 Hollywood, California. (Photo by Thos Robinson/Getty Images)
Stormy Daniels during 'The Bliss' Los Angeles Screening - Arrivals at Cinespace in Hollywood, California, United States. (Photo by Michael Tran/FilmMagic)
LAS VEGAS - AUGUST 28: Adult film actress Stormy Daniels presents a creation by Junker Designs during a fashion show debuting the company's new collection at the Rainbow Bar & Grill as part of the MAGIC convention August 28, 2006 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
Stormy Daniels (Photo by Mark Sullivan/WireImage) *** Local Caption ***
Stormy Daniels (Photo by Denise Truscello/WireImage) *** Local Caption ***
LAS VEGAS - JUNE 03: Adult film actress Stormy Daniels arrives at the first annual Head to Hollywood Celebrity Charity Poker Tournament and Auction at The Joint inside the Hard Rock Hotel & Casino June 3, 2006 in Las Vegas, Nevada. The charity, founded by actress Carmen Electra and Us Weekly editor Ken Baker, provides brain tumor survivors and their families a VIP celebrity experience in Hollywood, California. (Photo by Ethan Miller/Getty Images)
Actresss Stormy Daniels arrives to the Sheila and Lynn Marbry's Elevate Hope Foundation 'Circle of Passion' pre-Oscar benefit event at the Pacific Design Center Sunday evening. (Photo by Axel Koester/Corbis via Getty Images)
Actresses Stormy Daniels (R) and Kristen Price arrive to the Sheila and Lynn Marbry's Elevate Hope Foundation 'Circle of Passion' pre-Oscar benefit event at the Pacific Design Center Sunday evening. (Photo by Axel Koester/Corbis via Getty Images)
Jose Canseco and Stormy Daniels during Guy's North in Studio City Grand Opening - Red Carpet and Inside at Guys North in Studio City, California, United States. (Photo by John Shearer/WireImage for BWR Public Relations)
Pornstar, Stormy Daniels AKA Stormy Waters during Missy Elliot Hosts Yahoo! Music's Exclusive Grammy After Party at Mood in Hollywood, CA, United States. (Photo by Derek Bauer/FilmMagic)
Stormy Daniels and Jose Canseco during Yahoo! Music and Missy Elliot Post-Grammy Event at Mood in Hollywood, CA, United States. (Photo by M. Phillips/WireImage for Strategic Group)
Stormy Daniels AKA Stormy Waters, Wicked Contract Performer (Photo by Jon Kopaloff/FilmMagic)
HOLLYWOOD, CA - APRIL 10: Dave Navarro and Stormy Daniels attend The Universal Pictures Premiere of Forgetting Sarah Marshall at Graumans Chinese Theatre on April 10, 2008 in Hollywood, CA. (Photo by ANDREAS BRANCH/Patrick McMullan via Getty Images)
HOLLYWOOD - JULY 27: Comedian Dane Cook with Stormy Daniels attend a signing for his new CD/DVD 'Retaliation' at Tower Records on July 27, 2005 in Hollywood California. (Photo by Matthew Simmons/Getty Images)
HOLLYWOOD - JULY 27: Stormy Daniels attends a signing for Comedian Dane Cook's new CD/DVD 'Retaliation' at Tower Records on July 27, 2005 in Hollywood California. (Photo by Matthew Simmons/Getty Images)
Angel Cassiday and Stormy Daniels AKA Stormy Waters (Photo by Jon Kopaloff/FilmMagic)
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(Reporting by Lisa Lambert in Washington; Editing by Eric Beech and Rosalba O'Brien)

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