In an earlier post I tried to unpack the issues surrounding Michael Cohen’s assertion of his Fifth Amendment rights against self-incrimination.
This morning’s news is that Judge Agrees to Delay Stormy Daniels’ Lawsuit Against Michael Cohen. I’m not surprised. Nor am I surprised that Stormy’s lawyer immediately tweeted his plan to appeal to the Ninth Circuit Court of Appeals. And, however, it comes out, I won’t be surprised—partly because I have sort of lost the capacity to be surprised.
Here’s the thing. If Cohen’s criminal problems can be resolved in three months, then there is probably little harm and little injustice in making Stormy wait for her day in court. And, I think, the world can probably wait to learn exactly which form of intercourse she and Trump experienced during their one-night stand. I certainly know I can wait.
But Cohen’s criminal problems probably will not be resolved in three months. And Stormy should not have to wait indefinitely to get her day in court.
Let’s say you had an El Greco on your living room wall and I stole it. You bring a civil lawsuit demanding the return of your painting. I say, “Well, it would be unfair to make me defend the case because it would come out that I committed a crime.”
Does that mean that I just get to keep the El Greco?
I don’t think so.