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The attorney for adult film star Stormy Daniels says he plans to file a motion Thursday asking a judge to let his client’s case proceed against President Trump.

Michael Avenatti will ask a Los Angeles federal judge shortly to reconsider his decision to delay the lawsuit Daniels brought against Trump, his former attorney Michael Cohen, and the limited liability company they created to allegedly keep her quiet about the affair she claims to have had with the president.

The judge previously delayed the case due to Cohen’s separate legal troubles.

Avenatti is arguing in the motion that statements Trump and his attorney, former New York mayor Rudy Giuliani, have made about the settlement agreement and the $130,000 Daniels was paid demonstrate they are fully equipped to defend themselves in court without Cohen.

The article goes on to state the following:

 Cohen has invoked his Fifth Amendment right in the case to avoid incriminating himself in a separate investigation that federal prosecutors in Manhattan have brought against him.

Otero agreed in April that Cohen is a key witness in the Daniels case and, because he pled the Fifth, he and Trump won’t be able to full respond to and defend themselves against her claims. 

But Avenatti cited recent interviews in which Trump and Giuliani said the New York investigation has nothing to do with the facts in the Daniels’ case.

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