Trump seeks dismissal of Stormy Daniels hush money lawsuit

By Jonathan Stempel

 

FILE PHOTO: A combination photo shows Adult film actress Stephanie Clifford, also known as Stormy Daniels speaking in New York City, and U.S. President Donald Trump speaking in Washington, Michigan, U.S. on April 16, 2018 and April 28, 2018 respectively. REUTERS/Brendan McDermid, Joshau Roberts/File Photos

 

(Reuters) - U.S. President Donald Trump asked a federal judge on Monday to dismiss adult film actress Stormy Daniels' lawsuit challenging the validity of a $130,000 hush money agreement over a tryst she claimed they had more than a decade ago.

 

In a filing with the U.S. District Court in Los Angeles, Trump's lawyer said the lawsuit by Daniels, whose real name is Stephanie Clifford, is moot because Trump never signed the agreement and has said he will not try to enforce it.

 

"There is no actual controversy between plaintiff and Mr. Trump," the president's lawyer Charles Harder wrote.

 

Michael Avenatti, who represents Daniels, has said keeping the case alive serves the public interest, and wants Trump to give sworn testimony.

 

"This was anticipated and we are not concerned about it," Avenatti said in an email, referring to the dismissal request.

 

Daniels has claimed to have had a sexual liaison with Trump at a 2006 celebrity golf tournament at Lake Tahoe, which straddles the California-Nevada border.

 

Trump has denied having had sex with Daniels. A hearing on his dismissal request is scheduled for Dec. 3.

 

The case is separate from Daniels' defamation lawsuit against Trump over his April tweet challenging as a "total con job" her claim that an unknown man threatened her in a Las Vegas parking lot in 2011 if she went public about the alleged tryst.

 

U.S. District Judge James Otero, who oversees both lawsuits, appeared poised at a Sept. 24 hearing to dismiss the defamation case.

 

He called Trump's comment "hyperbole" that appeared to be protected free speech under the Constitution's First Amendment.

 

The judge has yet to rule in that case.

 

Daniels had struck the hush money agreement with Trump's longtime personal lawyer Michael Cohen shortly before the 2016 presidential election.

 

Cohen pleaded guilty on Aug. 21 to campaign finance violations, saying Trump told him before the election to arrange hush money payments to Daniels and former Playboy model Karen McDougal, who claimed she had an affair with him.

 

Trump has denied having an affair with McDougal.

 

Avenatti has become a frequent critic of Trump and has said he may run for the White House in 2020.

 

The case is Clifford v Trump et al, U.S. District Court, Central District of California, No. 18-02217.

 

(Reporting by Jonathan Stempel in New York; Editing by Susan Thomas and David Gregorio)

 

-- © Copyright Reuters 2018-10-09

He can always take it up to the SC.

31 minutes ago, stevenl said:

He can always take it up to the SC.

NOW he can as he has Crybaby Kavanaugh in his back pocket.

 

BTW, keep your eyes open for a SC decision on "Gamble vs US." If passed, it will allow the pussy-grabber-in-chief to give himself clemency for his crimes on the FEDERAL level then make states unable to prosecute at the STATE level. THIS was why DT wanted Kavanaugh so badly, Crybaby already said he'd vote in DT's favor.

In your dreams you old fool they are going to embarrass you and expose you for the fraud that you are

stormy daniels seems to have liked the maga slogan as she adapted it with a small change to name her strip club tour.

 

tv should make a poll about whether or not she succeeded to "make america horny again"

 

Avenatti is a clown, riding on the back of a working girl.  Too low for low, no way for 2020!!!

10 minutes ago, FitnessHealthTravel said:

Avenatti is a clown, riding on the back of a working girl.  Too low for low, no way for 2020!!!

He may be a lower case clown. "trump" is an upper case CLOWN. 

Troll posts removed.

 

"Stormy Daniels" for president. Perhaps common sence will be re-introduced to American Politics.

On 10/9/2018 at 6:59 AM, stevenl said:

He can always take it up to the SC.

It would be interesting if Trump did allealed it and it ended up in the supreme court. Would old FFFFFF recuse himself from ruling on the case?

27 minutes ago, wayned said:

It would be interesting if Trump did allealed it and it ended up in the supreme court. Would old FFFFFF recuse himself from ruling on the case?

As I previously wrote, keep your eyes open for a Supreme Court decision on "Gamble vs US." If passed, it will allow the pussy-grabber-in-chief to give himself clemency for his crimes on the FEDERAL level then block states prosecuting at the STATE level. THIS was why DT wanted Kavanaugh so badly, Crybaby already said he'd vote in DT's favor.

6 hours ago, quandow said:

As I previously wrote, keep your eyes open for a Supreme Court decision on "Gamble vs US." If passed, it will allow the pussy-grabber-in-chief to give himself clemency for his crimes on the FEDERAL level then block states prosecuting at the STATE level. THIS was why DT wanted Kavanaugh so badly, Crybaby already said he'd vote in DT's favor.

Not necessarily. For example, the Feds can't prosecute Trump for tax evasion on state taxes. So NY would still be able to pursue that were there enough evidence and the statute of limitations permitting.

6 hours ago, quandow said:

As I previously wrote, keep your eyes open for a Supreme Court decision on "Gamble vs US." If passed, it will allow the pussy-grabber-in-chief to give himself clemency for his crimes on the FEDERAL level then block states prosecuting at the STATE level. THIS was why DT wanted Kavanaugh so badly, Crybaby already said he'd vote in DT's favor.

He can't give himself clemency if the indictments are obtauned after  he is no longer President.

9 hours ago, quandow said:

9 hours ago, wayned said:

It would be interesting if Trump did allealed it and it ended up in the supreme court. Would old FFFFFF recuse himself from ruling on the case?

As I previously wrote, keep your eyes open for a Supreme Court decision on "Gamble vs US." If passed, it will allow the pussy-grabber-in-chief to give himself clemency for his crimes on the FEDERAL level then block states prosecuting at the STATE level. THIS was why DT wanted Kavanaugh so badly, Crybaby already said he'd vote in DT's favor.

 

 

According to Columbia Law professor Daniel Richman, state and federal charges usually have "no overlap, or almost no overlap, that would ring Fifth Amendment chimes in the absence of the dual sovereign analysis", and so the impact of overturning the separate sovereigns doctrine would be minimal.[6]

https://en.wikipedia.org/wiki/Gamble_v._United_States

 

 

MKGA

Edited October 15, 20187 yr by atyclb

12 hours ago, wayned said:

He can't give himself clemency if the indictments are obtauned after  he is no longer President.

Actually he can, assuming that the President can pardon himself, which is not a settled question. The President can proactively pardon anyone (except maybe himself) for any crimes that may have been committed up to the moment the pardons take effect. George H.W. Bush did that for Casper Weinberger and I think for a few others as well.

And Tump wins!

 

Case thrown out & Stormy has to pay Trumps legal fees. 

 

https://thehill.com/homenews/news/411539-judge-dismisses-stormy-danielss-defamation-case-against-trump

 

#winning

1 hour ago, pedro01 said:

And Tump wins!

 

Case thrown out & Stormy has to pay Trumps legal fees. 

 

https://thehill.com/homenews/news/411539-judge-dismisses-stormy-danielss-defamation-case-against-trump

 

#winning

No. This case " U.S. President Donald Trump asked a federal judge on Monday to dismiss adult film actress Stormy Daniels' lawsuit challenging the validity of a $130,000 hush money agreement over a tryst she claimed they had more than a decade ago. ", what this topic is about, was not thrown out, a defamation lawsuit dismissed.

Well, if these women accept large payments to be quiet, it kind of say it all...only to then "come out" with the victim BS later on. No sympathy from me, just an attention seeking vain wannabe.

Did Trump just insulted horses? That's too much.

Yup, this is the honourable President of United States of America tweeting.

 

 

No doubt she will lose this case too.

 

Never understood her popularity. I've come across many more attractive faces than hers in my lifetime. Yes I did.

33 minutes ago, lostlink said:

No doubt she will lose this case too.

 

Never understood her popularity. I've come across many more attractive faces than hers in my lifetime. Yes I did.

You don't need to look at the mantlepiece when you are poking the fire.

On ‎10‎/‎14‎/‎2018 at 11:37 AM, FitnessHealthTravel said:

Avenatti is a clown, riding on the back of a working girl.  Too low for low, no way for 2020!!!

Agreed, this guy makes ambulance chasers look good.

In the meanwhile, Avenatti has a meltdown. Is he still the hero of the democrats? Or is it Warren? Or Waters? Sad.

 

https://twitter.com/MichaelAvenatti/status/1052216215328907267