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Judge Responds After Cohen Files Emergency Motion to Silence Avenatti: Don’t Do That


Michael Cohen ordered cite legal authority Kimba Wood Michael Avenatti

The judge in Stormy Daniels‘ case against Michael Cohen and President Donald Trump responded Friday to Cohen’s application for a restraining order prohibiting Daniels’ lawyer Michael Avenatti from talking about the case publicly. Cohen didn’t get his wish–at least not yet–but he did get a strong message from the court.

Cohen had filed an ex parte application for a temporary restraining order against Avenatti. This means that instead of notifying and serving Avenatti, Cohen filed his application directly with the court; in ex parte applications, if the judge grants the requested order, it is on a temporary basis until both sides can be heard at a hearing on the matter.

Judge S. James Otero denied Cohen’s ex parte application, saying that he has not demonstrated that he would suffer “immediate, irreparable injury” otherwise. Instead, Avenatti will have an opportunity to respond to Cohen’s motion with a brief on Daniels’ behalf, and Cohen’s attorney will be able to file a reply to Avenatti’s response.

Judge Otero didn’t stop there, though, going out of his way to call Cohen out for trying to get emergency relief when he shouldn’t have. In a footnote, Otero reminded both sides that “ex parte applications are solely for extraordinary relief and are discouraged.” The judge cited case law regarding the matter which says that such applications “throw the system out of whack.”

Avenatti responded to the judge’s decision, telling Law&Crime, “The Court rightfully shot down the request for emergency relief because it was baseless.”

[Image via Drew Angerer/Getty Images]


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