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Stormy Daniels scandal thread (1 Viewer)

What happens if Trump just decides not to file the form?  
https://www.thedailybeast.com/rudy-giuliani-may-have-accidentally-outed-trump-for-breaking-the-law-over-michael-cohen-and-stormy-daniels

https://en.wikipedia.org/wiki/Ethics_in_Government_Act

https://www.law.cornell.edu/uscode/html/uscode05a/usc_sec_05a_00000104----000-.html

(1) The Attorney General may bring a civil action in any appropriate United States district court against any individual who knowingly and willfully falsifies or who knowingly and willfully fails to file or report any information that such individual is required to report pursuant to section 102. The court in which such action is brought may assess against such individual a civil penalty in any amount, not to exceed $50,000.

https://www.citizen.org/sites/default/files/personal-financial-disclosures-june2011.pdf

Violations Financial disclosures filed by individuals from each branch of government are subject to review from separate regulatory bodies. These bodies can refer to the Attorney General the name of any individual that has failed to file their reports or deliberately filed false reports.36 Failing to report can result in a fine in any amount up to $50,000.37 Knowingly and willfully falsifying any information that an individual is required to report can result in a fine, imprisonment for no more than a year, or both.38 Regulatory bodies include the Committee on Standards of Official Conduct, the Office of Governmental Ethics and the Judicial Conference.39 An individual who files a report more than 30 days after it is due must pay a penalty of $200 when he or she files the report, unless the Committee waives the penalty.

 
What happens if Trump just decides not to file the form?  
§ 104. Failure to file or filing false reports

(a)

(1) The Attorney General may bring a civil action in any appropriate United States district court against any individual who knowingly and willfully falsifies or who knowingly and willfully fails to file or report any information that such individual is required to report pursuant to section 102. The court in which such action is brought may assess against such individual a civil penalty in any amount, not to exceed $50,000.

...

link




 
In other words...nothing.

 
Was just having this conversation with a friend today. In a normal case, you could absolutely argue that Avenatti was violating his legal ethics by not zealously representing his client's interests. If he were the attorney for, say, one of the women accusing Weinstein or Cosby, it would be very unseemly for him to be such a media whore, especially on such tangential topics. But what are Daniels' interests here? It's not like her original NDA represented some cosmic injustice done to her. It just prevented her from telling her story. Avenatti has already rectified that situation (practically if not yet legally). In the meantime, he's gotten her (and himself, of course) a ton of press, which she has been successfully monetizing, while not doing anything to jeopardize her original legal case. On top of that, the more he sets his guns on Trump, the higher her profile becomes, which further increases her earning power. (I have also heard him make the argument that by being so visible in the media, he has forced the Trump team into a bunch of unforced errors, like Rudy's gaffe last week. Again, hard to argue with that.)

I'm not saying any of this is bad, nor that it's good. That's just how our tabloid culture operates. But I don't see how you can say that what he's doing has been bad for Stormy, either legally or financially. Nor do I see her complaining.
In his case, he can use just about anything for the purposes of impeachment of Trump and Cohen.   Plus, he knows Trump is reading his tweets.  Trump has already shown that he will put things in writing on Twitter without thinking.   He went from denying the agreement to admitting to making the payment.   As long as Avenatti keeps pushing Trump's buttons, he's going to get more gold.   At this point how much would Trump pay to get her to stop?   $5 mil?  10?  That's pretty good advocacy.   

 
In his case, he can use just about anything for the purposes of impeachment of Trump and Cohen.   Plus, he knows Trump is reading his tweets.  Trump has already shown that he will put things in writing on Twitter without thinking.   He went from denying the agreement to admitting to making the payment.   As long as Avenatti keeps pushing Trump's buttons, he's going to get more gold.   At this point how much would Trump pay to get her to stop?   $5 mil?  10?  That's pretty good advocacy.   
Funny you should say that. One thing I said to my friend was that the smartest way for Trump to counter Avenatti would be to offer Stormy $10M on the condition that Avenatti never spear in TV again. Obviously that will never happen, but it would be the one way to separate Avenatti's media strategy from his obligation to do right by his client. Right now they're perfectly aligned and Avenatti is taking advantage of it to bleed Trump and Cohen dry.

 
Funny you should say that. One thing I said to my friend was that the smartest way for Trump to counter Avenatti would be to offer Stormy $10M on the condition that Avenatti never spear in TV again. Obviously that will never happen, but it would be the one way to separate Avenatti's media strategy from his obligation to do right by his client. Right now they're perfectly aligned and Avenatti is taking advantage of it to bleed Trump and Cohen dry.
I’m not sure that sort of deal would be enforceable it would put the lawyer into a hopeless conflict of interest so he couldn’t  ethically continue to represent his client.

 
 At this point how much would Trump pay to get her to stop?   $5 mil?  10?  That's pretty good advocacy.   
The flip side to that argument - what harm is she doing to Trump?  Why would he pay her anything?

What is she suing Trump for - defamation?  If memory serves, that is for Trump's statement that she is lying about the man who threatened her - I think that is a tough case for her to win.

 
Was just having this conversation with a friend today. In a normal case, you could absolutely argue that Avenatti was violating his legal ethics by not zealously representing his client's interests. If he were the attorney for, say, one of the women accusing Weinstein or Cosby, it would be very unseemly for him to be such a media whore, especially on such tangential topics. But what are Daniels' interests here? It's not like her original NDA represented some cosmic injustice done to her. It just prevented her from telling her story. Avenatti has already rectified that situation (practically if not yet legally). In the meantime, he's gotten her (and himself, of course) a ton of press, which she has been successfully monetizing, while not doing anything to jeopardize her original legal case. On top of that, the more he sets his guns on Trump, the higher her profile becomes, which further increases her earning power. (I have also heard him make the argument that by being so visible in the media, he has forced the Trump team into a bunch of unforced errors, like Rudy's gaffe last week. Again, hard to argue with that.)

I'm not saying any of this is bad, nor that it's good. That's just how our tabloid culture operates. But I don't see how you can say that what he's doing has been bad for Stormy, either legally or financially. Nor do I see her complaining.
Obviously who knows but yeah you're right - IIRC this is about an NDA where Trump or EC LLC gets to claim $1 million per supposed breach, and the right to all images etc., and to force Stormy's compliance with the deal, and Stormy otoh gets nothing. I mean, if Stormy wins she gets released from the NDA, that's it, she gets no money except what she can get from the shine off this thing.

I agree totally about the unforced errors part, that's pretty funny and true.

And on the other other hand I don't see why Trump and Cohen are still enforcing compliance with the NDA. Just let her out of it like they did with McDougal.

 
I’m not sure that sort of deal would be enforceable it would put the lawyer into a hopeless conflict of interest so he couldn’t  ethically continue to represent his client.
Yeah I wasn't saying it was a realistic strategy. I just meant that Trump is being absolutely tortured by the fact that what Avenatti does best (talk to the media) also helps him best represent his client's interests. He needs to figure out a way to separate the two.

 
And on the other other hand I don't see why Trump and Cohen are still enforcing compliance with the NDA. Just let her out of it like they did with McDougal.
That wasn't Trump who released MacDougal, it was the National Enquirer. But yeah, you're right that no one is talking about her anymore.

So why don't Trump and Cohen do the same thing? Some of it is surely ego. Trump can never admit anything. But we've also seen how every detail that comes out opens up an entirely new can of worms. Illegal campaign contributions, shell companies, influence peddling schemes, etc. Trump and Cohen may have made the thoroughly rational decision that nothing good would come from allowing anyone to peak behind the curtain. They may have decided that their best bet was to hope the ridiculously slanted NDA Stormy signed would protect them

 
The flip side to that argument - what harm is she doing to Trump?  Why would he pay her anything?

What is she suing Trump for - defamation?  If memory serves, that is for Trump's statement that she is lying about the man who threatened her - I think that is a tough case for her to win.
What about calling her an extortionist?

 
What about calling her an extortionist?
I thought the defamation claim was limited to Trump's statement calling Daniels a liar about the man with the warning.  :shrug:

I have not seen the pleadings, so I don't know the specific allegations here - but the general reporting around the claims makes me think she is not on great legal grounds.  She might have had leverage to force a settlement to keep things quiet - but not sure what is left to keep quiet about.

Maybe Avanatti is forcing Trump and Cohen into some unforced errors on other legal fronts, but I suspect the FBI investigators are not learning anything new here.

 
I thought the defamation claim was limited to Trump's statement calling Daniels a liar about the man with the warning.  :shrug:

I have not seen the pleadings, so I don't know the specific allegations here - but the general reporting around the claims makes me think she is not on great legal grounds.  She might have had leverage to force a settlement to keep things quiet - but not sure what is left to keep quiet about.

Maybe Avanatti is forcing Trump and Cohen into some unforced errors on other legal fronts, but I suspect the FBI investigators are not learning anything new here.
it expands discovery.

 
Obviously who knows but yeah you're right - IIRC this is about an NDA where Trump or EC LLC gets to claim $1 million per supposed breach, and the right to all images etc., and to force Stormy's compliance with the deal, and Stormy otoh gets nothing. I mean, if Stormy wins she gets released from the NDA, that's it, she gets no money except what she can get from the shine off this thing.

I agree totally about the unforced errors part, that's pretty funny and true.

And on the other other hand I don't see why Trump and Cohen are still enforcing compliance with the NDA. Just let her out of it like they did with McDougal.
Thinking about this some more. In my previous post, I was trying to imagine what Trump/Cohen might have been thinking at the time. But with the benefit of hindsight, it's hard to imagine any strategy they could have pursued -- short of inviting Stormy into the Oval Office and re-boning her on a PPV livestream -- that would have turned out worse than the past few months. Think about it: A guy who every sentient person knows is a horndog had a one-night stand with a porn star a decade ago, and somehow he's allowed the story to metastasize into a scandal that may pose an existential threat to his presidency. Even Bill Clinton's gotta be looking at that and thinking, "How the hell did he get himself into this mess?"

 
The flip side to that argument - what harm is she doing to Trump?  Why would he pay her anything?

What is she suing Trump for - defamation?  If memory serves, that is for Trump's statement that she is lying about the man who threatened her - I think that is a tough case for her to win.
Not a lawyer, but I've assumed from the beginning that her strategy is to maximize Trump's embarrassment rather than to win any specific judgment against him. The more he has to worry about being embarrassed politically, the more leverage she has over him. 

It's actually really brilliant when you think about it. One of the biggest advantages Trump had in the campaign was that, unlike all the career politicians he beat, he had zero shame and could get away with things they couldn't (Access Hollywood being the most obvious example). With Stormy, though, the equation is reversed. Suddenly he has to consider his political situation, whereas there is pretty much nothing he can say that would shame her. Remember when Trump tried to humiliate former Miss Universe Alicia Machado by tweeting "Check out the sex tape"? If he did that to Stormy, she'd probably reply with a link.

 
No Trump fans post in here anymore do they? What’s the line being used for this, seems like it’s pretty cut and dry he is caught lying. No clue if it’s illegal.

Only defense I can see is he just blindly paid Cohen all the time for fixing things so that’s why he can say he didn’t know specifically about the payments to the porn star, even still he said he didn’t know where Cohen got the money when he knows he paid him back. 

 
- MJ

- Apparently the Qatari foreign minister is also in the source video.

I have to say while very interesting I'm not sure I see how Avenatti is representing Stormy Daniels here. He seems to be using his information stream through his cases as a sort of open source blogger now on his twitter feed.
I don't believe Stormy Daniels is in this for the money.  She'll take the money, but I believe she's in this to assuage her conscience and stand up to him.

 
I don't believe Stormy Daniels is in this for the money.  She'll take the money, but I believe she's in this to assuage her conscience and stand up to him.
I don't think she's in this for Trump's money.   I think she's guaranteed a big payday--whether from Larry Flynt, a book deal, or whatever.   But it seems like she's going to stay in this and do as much damage as she can.   As a lawyer, getting let off the leash to do anything you can with little regard to the consequences has to be a dream for Avenatti.

 
I don't think she's in this for Trump's money.   I think she's guaranteed a big payday--whether from Larry Flynt, a book deal, or whatever.   But it seems like she's going to stay in this and do as much damage as she can.   As a lawyer, getting let off the leash to do anything you can with little regard to the consequences has to be a dream for Avenatti.
I can't even imagine.  "I don't care if I win so much as I want you to just do whatever feels fun."

 
Nothing even close, I'm afraid.  Fortunately, she did manage to get Trailer Trash Nurses 6 made... it really tied up all the loose ends that had been bugging me from Trailer Trash Nurses 1-5.
I really wasn't sure if he was going to remember how he had been used after he came out of the coma.

 
So Avenatti is in some ways doing the work of Congress. I’m glad someone is but it’s yet another sign of how much damage Trump and the GOP has done to our government when we have to turn to a pron actress’ lawyer to try and reign in a wannabe dictator Congress continues to enable. 

 
Just so its clear, seeing how my posts were deleted (yet still live on in quotes,) when I use Drumpf to reference DJT it is a reminder to everyone that his family is a family of immigrants that came to this country to flee oppression. And his current wife is an immigrant. As is her family. Yet those that support his views on immigration seem to forget that, hence my reminder. If this post gets deleted it will only indicate that someone is more than little "snowflakey."

ETA: I meant to post this in the Trump Years thread.

 
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I don't think it's a conscience thing with her. She's just pissed.
Here's my half-a$$ed theory based entirely on my own suppositions and the few minutes I watched of the 60 Minutes interview: Stormy has always been the type who knew, despite the fact that she was "just" a porn star, that she was smarter and savvier than a lot of the people she has to deal with. I think she had Trump pegged from the very beginning (figuratively, not literally, although who knows what kind of kinky s##t he's into?) as precisely the kind of "respectable" guy who thinks he's smarter than her even though she could run circles around him.

But by October 2016, she had mostly moved on, so she quickly signs the NDA, wanting to get the whole thing over with and pocket an easy $130K. Over time, it dawns on her that she got played by a guy who she considers her inferior. And she wasn't having it.

 
Michael Avenatti‏ @MichaelAvenatti 20m20 minutes ago

Dear Dazed Rudy: Please retire. Today. You had a good run for many years. But you are distracting from that and quickly becoming an embarrassment. A never ending joke. Don’t let this serve as your legacy. The time has come.

 

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