Trump lawyer seeks $20 million damages from Stormy Daniels - filing

[rooster59]

Trump lawyer seeks $20 million damages from Stormy Daniels - filing

By Makini Brice

 

Adult-film actress Stephanie Clifford, also known as Stormy Daniels, poses for pictures at the end of her striptease show in Gossip Gentleman club in Long Island, New York, U.S., February 23, 2018. REUTERS/Eduardo Munoz

 

WASHINGTON (Reuters) - A law firm representing U.S. President Donald Trump and the corporation that paid porn actress Stormy Daniels $130,000 in what she called hush money over an alleged affair with Trump said in a court filing that it was seeking at least $20 million in damages for multiple violations of a nondisclosure agreement.

 

In a filing with the U.S. District Court for the Central District of California made public on Friday, the Blakely Law Group also asked for a lawsuit by Daniels that seeks to nullify the agreement to be moved to a federal district court from a county court.

 

Brent Blakely, who filed the action on behalf of Essential Consultants LLC and Trump, did not reply to a request for comment.

 

Under the nondisclosure agreement, Daniels, whose legal name is Stephanie Clifford, could be subjected to a $1 million penalty each time the deal was broken.

 

Daniels has alleged that she had an affair with Trump that began in 2006 and lasted several months.

 

Michael Cohen, a private lawyer for Trump, has said he paid Daniels $130,000 of his own money during the 2016 presidential election campaign. Cohen has not explained why he made the payment and has not said if Trump was aware of it.

 

Attorney Michael Avenatti, who represents Daniels, said on Friday, "This is simply more of the same bullying tactics from the president and Mr. Cohen. They are now attempting to remove this case in order to increase their chances that the matter will ultimately be decided in private arbitration, behind closed doors, outside of public view and scrutiny.

 

"To put it simply - they want to hide the truth from the American people. We will oppose this effort at every turn."

 

Avenatti has filed a lawsuit in Los Angeles claiming Trump never signed the nondisclosure agreement, rendering it null and void.

 

"The fact that a sitting president is pursuing over $20 million in bogus 'damages' against a private citizen, who is only trying to tell the public what really happened, is truly remarkable," Avenatti said.

 

In a letter to Cohen on Monday, Daniels offered to return the $130,000 to an account designated by Trump so she could be released from the agreement, which she signed in October 2016. Cohen ignored the offer.

 

Earlier on Friday, Avenatti told MSNBC and CNN that Daniels had been physically threatened and warned to remain silent about her relationship with Trump.

 

Avenatti would not provide details about the threat. He said Clifford would elaborate on it during a CBS "60 Minutes" interview due to be broadcast on March 25.

 

He told Reuters on Friday that six women had been in touch with his law firm to describe relationships with Trump, and that two had signed nondisclosure agreements.

 

 

-- © Copyright Reuters 2018-03-17

[lovelomsak]

These who had sex with who and who made unwanted advances dog and pony shows are getting a little tiresome. It would be nice if the media could find something a little more interesting and stimulating to read about. 

  Who cares who sleeps with who. They are all living as  adults. 

[JAG]

I wonder if he would settle for a good shag?

[Credo]

4 hours ago, JAG said:

I wonder if he would settle for a good shag?

$20Million or 3 free shags and you keep your mouth shut....afterwards.

[Berkshire]

10 hours ago, lovelomsak said:

These who had sex with who and who made unwanted advances dog and pony shows are getting a little tiresome. It would be nice if the media could find something a little more interesting and stimulating to read about. 

  Who cares who sleeps with who. They are all living as  adults. 

You do realize that it's Trump lawyers who are pushing the narrative.  They're thinking that a threat of a massive multi-million dollar lawsuit would cower the opposition...as it typically does in the past.  But Trump is a high profile figure and Stormy's lawyer is loving this.

 

[If Trump’s lawyers follow through on the threat, discovery and depositions could result, pushing Trump further into the middle of the legal fight over the allegations, on which Trump has avoided commenting in public.]

 

https://www.politico.com/story/2018/03/17/trump-mccabe-stormy-daniels-spotlight-469114

 

I'll bet Trump's lawyers advised against this, but it was Trump himself pushing for the lawsuit. 

[mtls2005]

NDA calls for "One Million Dollars" for each public release.

 

Did Michael Cohen get Dr. Evil to consult?

 

 

 

[lovelomsak]

4 minutes ago, Berkshire said:

You do realize that it's Trump lawyers who are pushing the narrative.  They're thinking that a threat of a massive multi-million dollar lawsuit would cower the opposition...as it typically does in the past.  But Trump is a high profile figure and Stormy's lawyer is loving this.

 

[If Trump’s lawyers follow through on the threat, discovery and depositions could result, pushing Trump further into the middle of the legal fight over the allegations, on which Trump has avoided commenting in public.]

 

https://www.politico.com/story/2018/03/17/trump-mccabe-stormy-daniels-spotlight-469114

 

I'll bet Trump's lawyers advised against this, but it was Trump himself pushing for the lawsuit. 

It is like I said who cares. No arquement here I do not care who has sex with who. Or who goes to court over sex it is crap news tabloid at the best.

[Berkshire]

14 minutes ago, lovelomsak said:

It is like I said who cares. No arquement here I do not care who has sex with who. Or who goes to court over sex it is crap news tabloid at the best.

Of course, no one will say that they "care" about this.  Trump deserves to get impeached for many other, more serious issues.  But if Trump gets impeached over this--like B. Clinton did--then the end justifies the means.  I hope Trump gets impeached and his wife bolts and fleeces his ass.  As the Thais say, "som num na."

Edited March 18, 2018 by Berkshire

[mtls2005]

11 minutes ago, Berkshire said:

Of course, no one will say that they "care" about this. 

 

Well, assuming the 60 Minutes interview is broadcast next Sunday, I'd submit it will get Superbowl numbers.

 

Clearly, the effort Trump and his lawyers are putting into keeping Ms. Clifford, and others, silent, indicates that at least one person cares: Trump/David Dennison.

 

Rip, rip, rip: the sound of Melania tearing up her pre-nup.

 

 

 

 

 

 

 

 

Edited March 18, 2018 by mtls2005

[Briggsy]

Trump is increasingly besieged. Hemmed in on all sides, on all sides, by opponents. Fewer and fewer are prepared to remain loyal except crooked lawyers. The opacity hiding his sordid life of lies, cons and bullying is being cleared and the truth revealed is ugly and unimpressive.

 

To try to hang on and keep his dirty secrets hidden, Trump relies on 3 standard tactics, lashing out, public insults, belittling and humiliation, legal, multi-million dollar law suits and endless filing of motions and going up the chain, pressuring or removing the judge/arbitrator/law enforcer/regulator/decision-maker/etc. He has always had success using these tactics.

 

Let us hope that on the larger stage, these tactics fail.

[Langsuan Man]

12 hours ago, rooster59 said:

Trump lawyer seeks $20 million damages from Stormy Daniels - filing

but..but..but how can you file a lawsuit for a breach of an  NDA that , according to Trump, does not exist 

Edited March 18, 2018 by Langsuan Man

[Gecko123]

I'm not a lawyer, but I play one on Thai Visa Forum.

 

As much as I am hoping for all the salacious details to come to light, from a legal standpoint I think Stormy Daniels is on thin ice. By acceptance of the consideration of $130K and her signing of the NDA she clearly agreed to the terms of the agreement. Her acceptance of the $130K also created a reasonable expectation on the part of DT that the agreement would be abided by. I think most courts would find that the contractual defect of Trump not signing the agreement is a correctable defect which would not void the contract, especially because the shell corporation (representing DT's interests) signed the agreement as well.

Edited March 18, 2018 by Gecko123

[Langsuan Man]

14 minutes ago, Gecko123 said:

I think most courts would find that the contractual defect of Trump not signing the agreement is a correctable defect which would not void the contract, especially because the shell corporation (representing DT's interests) signed the agreement as well.

In legal parlance it's called standing and if Trump did not sign the NDA then it cannot protect him, it can protect Essential Consultants LLC but not Trump

 

And no,  a lawyer cannot set up a company, without a clients permission, so there has to be some paperwork connecting Trump to that company, not just his lawyers word 

[Credo]

The affair was known about before the NDA.   The contention is that when Cohen started discussing the payment as it relates to being a possible unreported campaign contribution, the NDA was effectively broken.   

 

She has still been relatively quiet about releasing any real information.   

 

A $20Million + suit is meant to scare her, but if she is like most people, it won't make much difference if it is $1 Million or $ 1 billion.   You can't pay, if you don't have it.   

[Scott]

Troll post and reply removed. 

 

[EVENKEEL]

In all fairness being on the Trump train, I have to honestly say that for the same reason as with Clinton....if a man in their position makes stupid blunderous decisions in their own lives how can I have confidence in their decision making in regards to the country. just saying in all fairness. 

[spidermike007]

.This lawsuit is being pursued by a man that was the subject of 3,600 lawsuits, at the time he took office. I would venture to guess that no man has ever been sued more than  Tiny Don, in the history of mankind. He is not only sued more than any other man, but he sues more people than any other. When a man is inadequate, has poor or inoperable equipment, low self esteem (despite all the bragging to the contrary), no self love, and no sense of self, he tends to lash out, more than most. Fits the bill here. The fact is, he is scared of stormy. Possibly because of her funky appearance? Kind of an Arnie type thing? Being associated with a funky looking gal? 

 

Of course he knew about the $130,000. He directed his lawyer to pay it, and he compensated his lawyer for that money. All the fluff to the contrary is only fluff and deflection. Normal stuff from the deflector in chief.

 

His guilt, is not in doubt. Never has been, never will be. All that is in doubt, is whether he can whitewash this scandal, as he has all others. And whether or not his base even cares. 

 

Tiny DT. The art of moving America backwards, and lowering the quality of life for the average American. 

The art of I cannot make a deal to save my life. 

The art of losing talent in droves, and replacing them with sycophantic fools, devoid of talent or experience. 

The art of attempting to lead a nation, while being infected with the thinnest skin of a world leader, in history. 

The art of not having a diplomatic bone in his body, and destroying long held alliances, with hate, hubris and a horrible lack of intelligence, vision and talent.

[Silurian]

33 minutes ago, Credo said:

The affair was known about before the NDA.   The contention is that when Cohen started discussing the payment as it relates to being a possible unreported campaign contribution, the NDA was effectively broken.   

 

She has still been relatively quiet about releasing any real information.   

 

A $20Million + suit is meant to scare her, but if she is like most people, it won't make much difference if it is $1 Million or $ 1 billion.   You can't pay, if you don't have it.   

 

The $20 million was put out there so the case can be moved to a federal court since the parties live in different places and the amount at stake is more than $75,000. At $20 million, Donald's lawyers are trying to force the move to federal court and then in turn private arbitration as federal court prefers arbitration over court hearings. Once the case goes to private arbitration, it can all continue and finish up behind closed doors as it would be preferred by the WH.

 

Also, federal court judges are appointed by the current WH administration which Donald's lawyers could see as an advantage as well.

 

Edited March 18, 2018 by Silurian

[mtls2005]

After this "stormy" affair is wrapped up I assume he will make good on his pledge to sue every one of 10-20 women who've accused him of assault/harassment?

 

 

 

[Emster23]

Bring it on. I can't wait for Donald to be on the stand, and probably perjure himself. Then let's see if Repubs go after him for that as impeachable offense like they did Clinton.

This is all rather odd, as Stormy had previously spilled the beans in obscure adult video mag years before the NDA was signed

[FritsSikkink]

1 hour ago, Gecko123 said:

I'm not a lawyer, but I play one on Thai Visa Forum.

 

As much as I am hoping for all the salacious details to come to light, from a legal standpoint I think Stormy Daniels is on thin ice. By acceptance of the consideration of $130K and her signing of the NDA she clearly agreed to the terms of the agreement. Her acceptance of the $130K also created a reasonable expectation on the part of DT that the agreement would be abided by. I think most courts would find that the contractual defect of Trump not signing the agreement is a correctable defect which would not void the contract, especially because the shell corporation (representing DT's interests) signed the agreement as well.

You are right, you are not a lawyer. It will void the contract 

[Gecko123]

19 minutes ago, FritsSikkink said:

You are right, you are not a lawyer. It will void the contract 

http://klauerlaw.com/2015/11/28/the-formation-of-a-contract-without-both-partys-signature/

 

Edit: additional reference:

https://www.lexology.com/library/detail.aspx?g=93898089-0687-4bda-9119-ffd520748ea7

Edited March 18, 2018 by Gecko123

[FritsSikkink]

17 minutes ago, Gecko123 said:

http://klauerlaw.com/2015/11/28/the-formation-of-a-contract-without-both-partys-signature/

 

Edit: additional reference:

https://www.lexology.com/library/detail.aspx?g=93898089-0687-4bda-9119-ffd520748ea7

not comparable cases

[atyclb]

wonder if marilyn had an nda with jfk?

[ilostmypassword]

3 hours ago, Gecko123 said:

I'm not a lawyer, but I play one on Thai Visa Forum.

 

As much as I am hoping for all the salacious details to come to light, from a legal standpoint I think Stormy Daniels is on thin ice. By acceptance of the consideration of $130K and her signing of the NDA she clearly agreed to the terms of the agreement. Her acceptance of the $130K also created a reasonable expectation on the part of DT that the agreement would be abided by. I think most courts would find that the contractual defect of Trump not signing the agreement is a correctable defect which would not void the contract, especially because the shell corporation (representing DT's interests) signed the agreement as well.

Looks like the ice is even thinner under Trump? Or is it Cohen?

A Legal Screw-Up by Michael Cohen Should Give Stormy Daniels the Right to Tell Her Story

https://slate.com/news-and-politics/2018/03/a-legal-screw-up-by-michael-cohen-should-give-stormy-daniels-the-right-to-tell-her-story.html

[tandor]

16 hours ago, lovelomsak said:

These who had sex with who and who made unwanted advances dog and pony shows are getting a little tiresome. It would be nice if the media could find something a little more interesting and stimulating to read about. 

  Who cares who sleeps with who. They are all living as  adults. 

..up to them if they cant stand up to public scrutiny.

[tandor]

1 hour ago, atyclb said:

wonder if marilyn had an nda with jfk?

..private is/was private...she was sweet and sincere. 

[marginline]

17 hours ago, rooster59 said:

"The fact that a sitting president is pursuing over $20 million in bogus 'damages' against a private citizen, who is only trying to tell the public what really happened, is truly remarkable," Avenatti said.

Well, who would want to be truly unremarkable like you Mr Michael Avenatti? You two-bit ambulance chaser.

The law is the law. The 'lady' signed a "non-disclosure agreement". She got greedy. Reneged on said "non-disclosure agreement". This ain't rocket science! And so that's what really happened.

[newnative]

    Normally, I could care less about the sexual history of a politician but in this case it's not DT's sexual shenanigans but, yet once again, his blatant lying about it.  I dearly wish the 3 major American broadcast networks would agree to lead their nightly news broadcasts from now until the end of his disastrous presidency  with 'Trump's Lie of the Day'.

    "Today, Donald Trump lied when he said that his administration has appointed more women than any other administration in history. That is a total lie."

    "Today Donald Trump lied when he said that his administration accomplished more in the first 100 days than any other administration in history.  That is a total lie."

     And so on.  Followed by the actual truth in each case.   With so much that comes out of his mouth being lies, there should be plenty of choices every day.  Truly a scary, very unstable guy occupying the presidency. 

    

[Gecko123]

2 hours ago, ilostmypassword said:

Looks like the ice is even thinner under Trump? Or is it Cohen?

A Legal Screw-Up by Michael Cohen Should Give Stormy Daniels the Right to Tell Her Story

https://slate.com/news-and-politics/2018/03/a-legal-screw-up-by-michael-cohen-should-give-stormy-daniels-the-right-to-tell-her-story.html

Interesting analysis of legal flaws in the NDA, but, given the payment of consideration, signature of two parties to the agreement, etc., remain unconvinced that DT has forfeited the opportunity to correct these mistakes before contract is declared unenforceable, Certainly starting to sound like DT has a strong legal malpractice case against Cohen, though. Looking forward to hearing what judge has to say.