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Stormy Daniels scandal thread (1 Viewer)

It also feels like Kushner has handed the baton off to Cohen this week, between this story and the other story about him receiving inside info from the House Intel ####show investigation.

 
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So the liquidated damages clause is one million for each instance the agreement is breached. 
Is that even enforceable? She gets 130K and he gets multiple bites at 1 mill per. She has to shut up and he can say whatever he wants and his lawyer can even fraudulently publish fake letters in her name. She delivers IP rights (texts/pics) & he gives nothing. Etc. 

 
You mean to tell me cheating on your third wife with porn stars and playmates while bragging on video about sexual assault reflects poorly on family values? 

He put a guy on the Supreme Court who’ll be tough on the gays so it’s all good. Amirite?

 
Trumpers are convinced he's going to get reelected easily.  They state that none of his supporters care that he's a pretty scummy person, only that he's MAGA'ing so hard.  Do these people not realize that the entire country is not filled with Trump supporters?  Do they not realize that every day, his voting demographics worsen as old people die and young people turn 18?  He really really could shoot someone on 5th avenue and lose no support with his base.  In fact, I don't think there's anything he could do to lose support...maybe some homo stuff would do it.

 
I didnt give a #### about it when Clinton did it and I dont give a #### about it when Trump did it. Seriously he cheated on his wife 10 years ago. He probably still cheats on her. WHO CARES?

 
I didnt give a #### about it when Clinton did it and I dont give a #### about it when Trump did it. Seriously he cheated on his wife 10 years ago. He probably still cheats on her. WHO CARES?
Eh, I'll go with: hush money paid 12 days before the election, using a pseudonym, shell corporation, one porn star, a forged letter, possible campaign law violation, and a purchase of rights to images and other tangible/intangible things.

 
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"by the end of all this"?  He's already made Harding look like George Washington.
I really think George W. Bush is secretly throwing parties the past year and a half.  He took a ton of flack, much of it deserved, but relatively speaking who wouldn't take W back at this point. 

 
I didnt give a #### about it when Clinton did it and I dont give a #### about it when Trump did it. Seriously he cheated on his wife 10 years ago. He probably still cheats on her. WHO CARES?
It's the same thing with the excessive golf.  In a vacuum, I really don't have a problem with a president golfing 1-2x/week.  Heck, I do it and would strongly argue it helps somebody decompress and aids stress levels.  But, Trump publicly and loudly blasted Obama for playing golf and specifically said he (Trump) wouldn't do the same thing.  Now him doing so, which normally wouldn't be a big deal to me, now kind of is because it's such blatant hypocrisy. 

Similarly, Trump runs on a platform of returning our country back to better morals.  He panders to Evangelicals. He attacked Hillary for having a predatory husband.  So, while I wouldn't normally care that a president has had some private transgressions, it's just more blatant hypocrisy that shows that this clown cannot possibly be trusted.  

 
Trumpers are convinced he's going to get reelected easily.  They state that none of his supporters care that he's a pretty scummy person, only that he's MAGA'ing so hard.  Do these people not realize that the entire country is not filled with Trump supporters?  Do they not realize that every day, his voting demographics worsen as old people die and young people turn 18?  He really really could shoot someone on 5th avenue and lose no support with his base.  In fact, I don't think there's anything he could do to lose support...maybe some homo stuff would do it.
All I can come up with is a Bowers v. Hardwick situation where he is with Al Sharpton.  And Trump is the catcher. 

 
I didnt give a #### about it when Clinton did it and I dont give a #### about it when Trump did it. Seriously he cheated on his wife 10 years ago. He probably still cheats on her. WHO CARES?
I would think it would resonate with the morally upstanding citizens involved with the Christian orthodoxy such as the evangelicals and Baptists and what have you.  But hypocrisy knows no bounds so I dont hold out hope

 
Is that even enforceable? She gets 130K and he gets multiple bites at 1 mill per. She has to shut up and he can say whatever he wants and his lawyer can even fraudulently publish fake letters in her name. She delivers IP rights (texts/pics) & he gives nothing. Etc. 
In general, yes.  There are some occasions where courts have refused to honor liquidated damages clauses, but this agreement seems to use all the magic words you need (parties agreeing that damages would be difficult to estimate, blah blah blah).

The 130K and releases from Trump are adequate consideration.  Any consideration is generally adequate unless it's clearly "sham" consideration.  Like selling Trump Tower for a buck.  

I don't know where people are getting that the denial letter was forged.  The complaint says that Clifford signed it due to Cohen's intimidation.  She certainly should have held out for more money for doing that.  Nothing in the hush agreement required her to affirmatively deny anything.  

 
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So how much could Stormy get out of him if she has a #### pic and it’s a really teeny tiny one?

half a mill maybe?

 
In general, yes.  There are some occasions where courts have refused to honor liquidated damages clauses, but this agreement seems to use all the magic words you need (parties agreeing that damages would be difficult to estimate, blah blah blah).

The 130K and releases from Trump are adequate consideration.  Any consideration is generally adequate unless it's clearly "sham" consideration.  Like selling Trump Tower for a buck.  

I don't know where people are getting that the denial letter was forged.  The complaint says that Clifford signed it due to Cohen's intimidation.  She certainly should have held out for more money for doing that.  Nothing in the hush agreement required her to affirmatively deny anything.  
About the 130K, if the company paid, what did the company get in return? It seems like all the benefit went to a third party, Trump. If the contract is between Essential Consultants and Stormy how does that work?

 
Her lawyer didn't plead it, but I wonder if this contract could be found invalid for illegality.  Arguably, Cohen fronting the $130K through the LLC was an illegal in-kind campaign contribution.  The LLC was a party to the contract and obligated to perform by making that payment.  Which makes one of the objects of the contract (the payment to Clifford by an entity not directly tied to a candidate for federal office) possibly illegal.  Such contracts are void ab initio and Trump would have no recourse.

 
About the 130K, if the company paid, what did the company get in return? It seems like all the benefit went to a third party, Trump. If the contract is between Essential Consultants and Stormy how does that work?
It's a three-party contract.  Clifford's promises should work as consideration for both the LLC and Trump.  So long as the management of the LLC would like to see Clifford make the bargained for promises, it's adequate consideration as to the LLC and Trump.  They shouldn't have to prove that they financially benefit directly.  You could leave Trump out of it entirely and the LLC could have contracted for Clifford to refrain from disclosing information about Trump.  

 
It's a three-party contract.  Clifford's promises should work as consideration for both the LLC and Trump.  So long as the management of the LLC would like to see Clifford make the bargained for promises, it's adequate consideration as to the LLC and Trump.  They shouldn't have to prove that they financially benefit directly.  You could leave Trump out of it entirely and the LLC could have contracted for Clifford to refrain from disclosing information about Trump.  
Sorry, one more question - if it's a three "party" contract doesn't Trump have to sign? Thanks.

 
I find it hard to believe that there was not an agreement with Melenia that he could do whatever he wanted, it is not like she married him because he is so lovable. There have to be a 1000+ similar stories as this, there is 0 chance this is a single incident with Trump. I would be more interested to know if he would ever lose Evangelical support once someone tracks down how many abortions he has paid for over the last 50 years (he wouldn't). 

 
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Sorry, one more question - if it's a three "party" contract doesn't Trump have to sign? Thanks.
Not necessarily.  I think different states treat it in slightly different ways, but I've seen contracts held enforceable without all parties signing.  I've seen a general contractor enforce an arbitration clause against a subcontractor even though the sub was the only party to sign the contract.  But that wasn't in California (or Nevada or Arizona).  That case turned on the fact that the sub performed the work.  I'm not sure if a three-party contract should change the analysis.  We know at least one party (the LLC) performed. 

 
Not necessarily.  I think different states treat it in slightly different ways, but I've seen contracts held enforceable without all parties signing.  I've seen a general contractor enforce an arbitration clause against a subcontractor even though the sub was the only party to sign the contract.  But that wasn't in California (or Nevada or Arizona).  That case turned on the fact that the sub performed the work.  I'm not sure if a three-party contract should change the analysis.  We know at least one party (the LLC) performed. 
It also appears to be a settlement agreement for claims they have against one another.  I've absolutely seen settlement agreements enforced when the party didn't sign but his lawyer did.

 
I didnt give a #### about it when Clinton did it and I dont give a #### about it when Trump did it. Seriously he cheated on his wife 10 years ago. He probably still cheats on her. WHO CARES?
Probably Melania. And Barron. 

The bro's and alpha's in the Trump fan club - of which there are many - might get a chuckle or applaud him for hooking up with Stormy and others. Ladies - wives, mothers, sisters, gfs, grandmas - might not. 

 

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