Reg Lllama of Brixton
Footballguy
“Who cares what he did before he was in office? Clinton got a BJ in the White House!”
—all the Trump fans in my area
Oops
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Stormy Daniels scandal thread (1 Viewer)
- Thread starter Bayhawks
- Start date
—all the Trump fans in my area
Oops
Joe Mammy
Footballguy
I can't believe my amazing luck that in my lifetime I have only bought 3 maybe 4 porn dvds. I just dug out one of them out of a deep storage drawer- Trailer Trash Nurses #6 starring guess who as well as cover girl??
Yep, Stormy. I can't find it for sale online- all sold out!
Now the question is, should I sell before 60 minutes or wait for the news?
Yep, Stormy. I can't find it for sale online- all sold out!
Now the question is, should I sell before 60 minutes or wait for the news?
Ramsay Hunt Experience
Footballguy
Reasonably certain it’s the threats that are alleged to have occurred during the administration. Not any of the affair.
Reading between the lines, I’m fairly certain all the hints dropped today concern how Cohen coerced Daniels to sign the statement denying the affair after the Deal was discovered.
NREC34
Footballguy
I agree - but then saw this in the WaPo:
Daniels has said in her own legal filings that she slept with Trump in 2006, and in 2016 — just days before the presidential election — signed an agreement to stay silent about the affair in exchange for a payment of $130,000. The hush agreement required any disputes to be settled confidentially.
I had not been aware of any recent interactions between Trump and Stormy - albeit, still before the presidency.
SacramentoBob
Footballguy
Ramsay Hunt Experience
Footballguy
That sentence structure is a bit of a mess, but it seems to be saying she slept with Trump in 2096 and signed the NDA in 2016.
SacramentoBob
Footballguy
Ramsay Hunt Experience
Footballguy
Henry Ford
Footballguy
Get her to sign it to your friend “Don”. Then sell.
Edit: “Dear Don - Orange you glad I peeled your banana?
- Stormy”
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SaintsInDome2006
Footballguy
>>Michael Cohen, President Trump’s personal attorney, claims he has the right to seek at least $20 million in damages from porn star Stormy Daniels for allegedly violating a nondisclosure agreement 20 times.<<
- Yes, great approach to disproving claims of intimidation and lack of consideration.
Koya
Footballguy
This we be a fair time to point out that if it weee Bill Clinton, he'd skate because of the "it didn't even happen... YEHT" defense.
Reg Lllama of Brixton
Footballguy
The Indestructible
Footballguy
Michael Avenatti @MichaelAvenatti
How can President Donald Trump seek $20 million in damages against my client based on an agreement that he and Mr. Cohen claim Mr. Trump never was a party to and knew nothing about? #notwellthoughtout #sloppy #checkmate
How can President Donald Trump seek $20 million in damages against my client based on an agreement that he and Mr. Cohen claim Mr. Trump never was a party to and knew nothing about? #notwellthoughtout #sloppy #checkmate
Koya
Footballguy
SaintsInDome2006
Footballguy
I really don’t think so. And I’m surprised I’m saying this, but Stephanie Clifford is a gutsy, brave woman. Her case may be good, Cohen may be a lousy lawyer, but the outcome is not certain and she is going toe to toe with the president of the US, extremely deep pockets and now the lawyer who brought down Gawker.
Dinsy Ejotuz
Footballguy
Ditkaless Wonders
Footballguy
I like to think that a fellow ought to be able to rely on the professional discretion of his whore, porn star, mistress, or stripper. Shouldn't we have a law mandating confidentiality in such instances? And not just a law against testifying like with husbands and wives or priests and penitents, but against speaking out at all. What sort of world is it where an innocent billionaire suffering sex addiction cannot remove the burden of his condition from his pregnant spouse who is overtaxed, get a roll in the hay and then a post-coital golden shower with a porn star without being held up to public ridicule. I mean really.
SaintsInDome2006
Footballguy
Couple more thoughts:
Trump has now appeared as himself.
- Doesn't this blow away the whole cause and raison d'etre for the NDA? Isn't it now rendered essentially null and void?
- Isn't this going to general a anti-SLAPP suit from Stormy now? Because this sure looks like a SLAPP suit.
Trump has now appeared as himself.
- Doesn't this blow away the whole cause and raison d'etre for the NDA? Isn't it now rendered essentially null and void?
- Isn't this going to general a anti-SLAPP suit from Stormy now? Because this sure looks like a SLAPP suit.
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fatguyinalittlecoat
Footballguy
I don’t get your point. Imagine Stormy Daniels is making the whole thing up and has sued Trump. Doesn’t he have to appear to defend himself?
SaintsInDome2006
Footballguy
The point is a politician has sued to silence a whistleblower and a critic. That's a SLAPP suit IMO.
As to your question - well gosh if she didn't have an affair and is lying about every little thing with any possible impact on public politics I guess you may have a point. Of course why the president's lawyer entered a contractual relationship to silence a woman while taking on debt for a billionaire about total lies made by that woman in the first place is a bit of a logical mystery.
Henry Ford
Footballguy
I would imagine someone worth $20 million probably wouldn’t take a $130k payout to shut up.
That said, this is one of those “if you lose I’ll take everything you have and everything you’ll ever have” numbers.
Mile High
Footballguy
fatguyinalittlecoat
Footballguy
I’m not claiming Stormy made the whole thing up, I was just responding to the narrow argument that Trump’s appearance in the lawsuit had legal significance. He had to appear. He’s the defendant.
SaintsInDome2006
Footballguy
Well that's baked into the NDA anyway. The threat is implicit in making the contract.
SaintsInDome2006
Footballguy
It's not an appearance denying jurisdiction, liability or the claims. It's Trump admitting he's David Dennison and appearing as David Denisson (yes) and seeking to enforce the contract.
Henry Ford
Footballguy
Ramsay Hunt Experience
Footballguy
Cohen had already admitted that the NDA related to Trump.
Sand
Footballguy
SaintsInDome2006
Footballguy
Of course, Cohen claims he created the NDA to protect Trump from Stormy’s lies. But Trump has not previously admitted any of it.
The Indestructible
Footballguy
The Indestructible
Footballguy
Trump/Cohen didn't actually sue her yet. Stormy began the case by suing Trump/the LLC and asking for a declaratory judgment. She wasn't seeking damages, but rather a ruling from the court that the NDA was invalid. She filed that suit in California state court.
Trump's recent filings seek to remove (a legal term) the case from state court in California to federal court. Once in federal court, Team Trump will argue that the NDA contains an enforceable arbitration provision, so the dispute should then be moved out of federal court into private arbitration. During that arbitration, Team Trump will argue that Stormy breached the NDA and is liable for millions of dollars in damages. Team Trump will also want the arbitrator to uphold the NDA and prevent Stormy from violating it in the future.
From a procedural standpoint, one of the next big things that will happen will be for the LLC to file a Motion to Compel Arbitration. Trump indicated in his recent filing that he will "join" this motion. Stormy's attorney will file a response arguing that the matter shouldn't go to arbitration. Team Trump will probably ask the court that all of these filings be made under seal. All court filings are generally available to the public, but here, Team Trump will want to say that public availability could undermine the very purpose of the NDA.
All of this is a long way of saying that Trump will almost certainly be admitting that he is a party to the NDA with a porn star. But any of the details of their relationship may not come out in the court filings. If the court enforces the arbitration provision, the matter will go into private arbitration and we won't hear a thing. If the court rules that the NDA is invalid, it will stay in federal court and become a very big mess for Trump.
squistion
Footballguy
Stormy Daniels' crowdfunding campaign to battle Trump raises $150,000 in two days.
https://www.cnbc.com/2018/03/16/stormy-daniels-crowdfunding-campaign-to-battle-trump-raises-big-money.html?cid=sm_npd_ms_tw_lw
https://www.cnbc.com/2018/03/16/stormy-daniels-crowdfunding-campaign-to-battle-trump-raises-big-money.html?cid=sm_npd_ms_tw_lw
Ditkaless Wonders
Footballguy
Interesting. I thought the dislike for Trump far more powerful. I thought his, what, detractors, critics, would be so legion that she would draw millions in no time. Even if folks don't buy her story this seems an opportunity to bedevil the man. I think of all of his rich and famous critics and yet this has not yet gained traction. Is there a reason I am not seeing?
BTW, I am not advocating bedeviling the President. I simply thought that such would occur.
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The Indestructible
Footballguy
Stormy's attorney is arguing that the NDA is invalid because Trump never signed it. This is usually a poor argument. Courts can generally look to the parties' behavior, and if they acted like they believed they had a contract, a court will find that a contract existed. Stormy got paid 130K for something, right? However, here, the contract has some language indicating that it is only effective when signed by all of the parties, and if Trump was a party and didn't sign, that could be an issue.
Contracts can also be invalidated because they are contrary to public policy or serve illegal ends. The typical example here is that a court would not enforce a contract to kill somebody, because murder is illegal and we don't want courts to be in the business of supporting contracts for murder. That argument usually has narrow applicability. But here, there may be something to the campaign finance violations, and a court could refuse to uphold a contract that requires Stormy to be quiet about violations of those laws.
A contract could also be invalidated for being unconscionable. A contract is unconscionable if it is so egregiously one-sided. Although this argument almost never works, it sometimes comes up in connection with cell phone / cable contracts. There, you have consumers with no choice being forced to accept the terms of an essentially monopolistic corporation with whom they have no bargaining power. You want a cell phone? Cool. Waive your right to a jury trial and if you're late on one payment, we can charge you 500% interest. Although the terms of the NDA are very one-sided and definitely favor Trump/the LLC, I don't think the NDA would be found unconscionable for this reason. Rather, as somebody else alluded to elsewhere in this thread, if Stormy's original lawyer (not the one who is currently representing her) had allegiances to Trump that dictated what he advised his client Stormy to do and accept as part of the settlement, that could be unconscionable. This is definitely more of a tin foil hat suspicion, as it'd be incredibly stupid for that lawyer to do, as it'd expose him to malpractice and the loss of his license.
There are also some cases that say that an overly-broad definition of what constitutes "confidential information" could render an NDA invalid. I have seen some stuff about prior interviews that Stormy did about her affair with Trump - interviews that took place before the NDA - and so a court may not regard the information that Trump is seeking to protect to be actually "confidential."
Lastly, while this would not "invalidate" the NDA, it would have the same effect: as another poster suggested (Ramsay?), if Cohen breached the NDA first by some of his recent conduct, that could be a material breach of the NDA. One remedy for a material breach of a contract is rescission (cancellation). So, the result could be the same, but in this scenario, Stormy says that the NDA is valid and Cohen breached it, which is different from saying that it was never valid to begin with.
Ted Stickles
Footballguy
Cant wait to hear her side of things. 
Come on 60 Minutes... release the interview!
Come on 60 Minutes... release the interview!
squistion
Footballguy
Kyle Griffin @kylegriffin1 42m42 minutes ago
Michael Avenatti, Stormy Daniels' lawyer, tells @AriMelber that he has been invited to give hundreds of interviews to media outlets around the world, but "what is shocking to me is, I haven't received a single request, not one, from Fox News."
Michael Avenatti, Stormy Daniels' lawyer, tells @AriMelber that he has been invited to give hundreds of interviews to media outlets around the world, but "what is shocking to me is, I haven't received a single request, not one, from Fox News."
