| Legal news: Porn star sues Trump over confidentiality agreement 09:47 - Mar 7 with 2234 views | Shaky |
Stormy Daniels sues Trump, says 'hush agreement' invalid because he never signed
NBC, Mar 7 2018, 2:22 am ET
Adult film star Stormy Daniels sued Donald Trump Tuesday, alleging that he never signed the nondisclosure agreement that his lawyer had arranged with her.
The civil suit, filed in Los Angeles Superior Court and obtained by NBC News, alleges that her agreement not to disclose her "intimate" relationship with Trump is not valid because while both Daniels and Trump's attorney Michael Cohen signed it, Trump never did.
Stephanie Clifford, known professionally as Stormy Daniels, signed both the agreement and a side letter agreement using her professional name on October 28, 2016, just days before the 2016 presidential election. Cohen signed the document the same day. Both agreements are appended to the lawsuit as Exhibit 1 and Exhibit 2.
Click here to read the "Hush Agreement" and the side letter agreement
The "hush agreement," as it's called in the suit, refers to Trump throughout as David Dennison, and Clifford as Peggy Peterson. In the side letter agreement, the true identity of DD is blacked out, but Clifford's attorney, Michael Avenatti, says the individual is Trump.
Each document includes a blank where "DD" is supposed to sign, but neither blank is signed.
According to the lawsuit, which Avenatti announced in a tweet, Clifford and Trump had an intimate relationship that lasted from summer 2006 "well into the year 2007." The relationship allegedly included meetings in Lake Tahoe and at the Beverly Hills Hotel.
The 2016 hush agreement directed that $130,000 be paid into the trust account of Clifford's then-attorney. In return, Clifford was not to disclose any confidential information about Trump or his sexual partners to anyone beyond a short list of individuals she'd already told about the relationship, or share any texts or photos from Trump.
The suit alleges that Cohen has tried to keep Clifford from talking about the relationship as recently as Feb. 27, 2018.
"To be clear, the attempts to intimidate Ms. Clifford into silence and 'shut her up' in order to 'protect Mr. Trump' continue unabated," says the suit. "On or about February 27, 2018, Mr. Trump's attorney Mr. Cohen surreptitiously initiated a bogus arbitration proceeding against Ms. Clifford in Los Angeles." Binding arbitration is specified as a means of dispute resolution.
Clifford and her attorney, Michael Avenatti, are asking the Los Angeles County Superior Court to declare that both the hush agreement and the side agreement "were never formed, and therefore do not exist, because, among other things, Mr. Trump never signed the agreements."
"In the alternative, Plaintiff seeks an order of this Court declaring that the agreements in the forms set out in Exhibits 1 and 2 are invalid, unenforceable, and/or void under the doctrine of unconscionability."
The suit also says that Trump must know that Cohen is trying to silence Clifford, since rules for the New York bar, of which Cohen is a member, require him to keep his client informed at all times. "t strains credulity to conclude that Mr. Cohen is acting on his own accord and without the express approval and knowledge of his client Mr. Trump."
The White House did not immediately respond to a request for comment. President Trump's outside attorney, John Dowd, declined to comment on the lawsuit.
Trump has never addressed the alleged relationship publicly, and White House spokesperson Raj Shah told members of the press he had never asked the president about the alleged relationship. Cohen has acknowledged the payment, but has repeatedly declined to tell NBC News what the payment was for.
Clifford had previously given conflicting accounts of her relationship with Trump. In the lawsuit, Clifford alleges that in January 2018, Cohen, "concerned the truth would be disclosed ... through intimidation and coercive tactics, forced Ms. Clifford into signing a false statement wherein she stated that reports of her relationship with Mr. Trump were false."
https://www.nbcnews.com/politics/donald-trump/stormy-daniels-sues-trump-says-hus |  |
| |  |
| Legal news: Porn star sues Trump over confidentiality agreement on 10:49 - Mar 7 with 2185 views | Pegojack |
No wonder his hair's falling out. |  | | |
| Legal news: Porn star sues Trump over confidentiality agreement on 11:07 - Mar 7 with 2159 views | swanforthemoney |
Nothing seems to harm Trump, though.
This affair is effectively out in the open now, and its not damaged Teflon Don. He seems bullet proof. Its quite remarkable how he just blusters through everything. Fascinating. |  |
| I stand in the North Stand
|
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 11:11 - Mar 7 with 2153 views | Shaky |
| Legal news: Porn star sues Trump over confidentiality agreement on 11:07 - Mar 7 by swanforthemoney |
Nothing seems to harm Trump, though.
This affair is effectively out in the open now, and its not damaged Teflon Don. He seems bullet proof. Its quite remarkable how he just blusters through everything. Fascinating. |
That's because through accident or design he careers from one scandal or disaster to another seemingly instantaneously. Shock and awe, baby.
I think his time is almost up, however.. | |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 11:16 - Mar 7 with 2144 views | Lohengrin |
| Legal news: Porn star sues Trump over confidentiality agreement on 11:07 - Mar 7 by swanforthemoney |
Nothing seems to harm Trump, though.
This affair is effectively out in the open now, and its not damaged Teflon Don. He seems bullet proof. Its quite remarkable how he just blusters through everything. Fascinating. |
Not unlike our own, dear Jeremy in that respect. |  |
| An idea isn't responsible for those who believe in it. |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 11:21 - Mar 7 with 2134 views | acejack3065 |
Wont affect his vote with the god fearing, morally pure, evangelicals though. |  | | |
| Legal news: Porn star sues Trump over confidentiality agreement on 11:58 - Mar 7 with 2089 views | JackSomething |
| Legal news: Porn star sues Trump over confidentiality agreement on 11:21 - Mar 7 by acejack3065 |
Wont affect his vote with the god fearing, morally pure, evangelicals though. |
Of course it won't. Many of them will happily overlook his infidelity (with a porn star no less) because he isn't muslim, black, as gay friendly as a Democrat...
Not that I think his shagging a porn star should have any real effect on his presidency. If a previous president has gotten away with being discovered receiving a HJ/BJ (can't remember which it was) in the Oval Office with a member of staff, then having an affair ten years before running for office should mean nothing. [Post edited 7 Mar 2018 12:04]
|  |
| You know, Hobbes, some days even my lucky rocket ship underpants don't help. |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 12:00 - Mar 7 with 2083 views | Shaky |
| |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 12:31 - Mar 7 with 2043 views | Bobby_Fischer |
The leader of the free world who has been a WWF wrestler and now has been exposed for banging a porn star?
You couldn't make it up.
 |  |
| |
Login to get fewer ads
| Legal news: Porn star sues Trump over confidentiality agreement on 12:40 - Mar 7 with 2035 views | DwightYorkeSuperstar |
I'd rather find out the leader of my country had an affair with an adult film star a few decades ago rather than he was possibly recruited by a foreign intelligence agency. [Post edited 7 Mar 2018 12:40]
|  |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 12:41 - Mar 7 with 2031 views | acejack3065 |
| Legal news: Porn star sues Trump over confidentiality agreement on 11:58 - Mar 7 by JackSomething |
Of course it won't. Many of them will happily overlook his infidelity (with a porn star no less) because he isn't muslim, black, as gay friendly as a Democrat...
Not that I think his shagging a porn star should have any real effect on his presidency. If a previous president has gotten away with being discovered receiving a HJ/BJ (can't remember which it was) in the Oval Office with a member of staff, then having an affair ten years before running for office should mean nothing. [Post edited 7 Mar 2018 12:04]
|
Him having an affair with a pornstar is his business. The buying of her silence is the bit which concerns the public.
Kennedy f**ked everything that moved. | | | |
| Legal news: Porn star sues Trump over confidentiality agreement on 12:52 - Mar 7 with 2020 views | Neath_Jack |
Does anyone really care about this nonsense? Other than to, raise eyebrows/think lucky bastard/smirk/smile/tut/shake head, then get back to proper issues that matter?
It's all a load of bollocks really, isn't it. |  |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 12:53 - Mar 7 with 2017 views | acejack3065 |
| Legal news: Porn star sues Trump over confidentiality agreement on 12:52 - Mar 7 by Neath_Jack |
Does anyone really care about this nonsense? Other than to, raise eyebrows/think lucky bastard/smirk/smile/tut/shake head, then get back to proper issues that matter?
It's all a load of bollocks really, isn't it. |
depends if him paying off the porn star violated campaign finance laws. If it doesn't then its just tabloid fodder. If it does then it's a serious crime. | | | |
| Legal news: Porn star sues Trump over confidentiality agreement on 13:10 - Mar 7 with 2001 views | Highjack |
| Legal news: Porn star sues Trump over confidentiality agreement on 12:40 - Mar 7 by DwightYorkeSuperstar |
I'd rather find out the leader of my country had an affair with an adult film star a few decades ago rather than he was possibly recruited by a foreign intelligence agency. [Post edited 7 Mar 2018 12:40]
|
There have been rumours swirling around for years that Theresa May starred with Ron Jeremy in the cult classic "The Strong and Stable Erection Campaign 2" |  |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 14:01 - Mar 7 with 1949 views | Joe_bradshaw |
| Legal news: Porn star sues Trump over confidentiality agreement on 12:41 - Mar 7 by acejack3065 |
Him having an affair with a pornstar is his business. The buying of her silence is the bit which concerns the public.
Kennedy f**ked everything that moved. |
That's why he had a bad back. |  |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 14:04 - Mar 7 with 1943 views | LeonWasGod |
| Legal news: Porn star sues Trump over confidentiality agreement on 13:10 - Mar 7 by Highjack |
There have been rumours swirling around for years that Theresa May starred with Ron Jeremy in the cult classic "The Strong and Stable Erection Campaign 2" |
 |  | | |
| Legal news: Porn star sues Trump over confidentiality agreement on 16:26 - Mar 7 with 1835 views | Shaky |
| Legal news: Porn star sues Trump over confidentiality agreement on 12:52 - Mar 7 by Neath_Jack |
Does anyone really care about this nonsense? Other than to, raise eyebrows/think lucky bastard/smirk/smile/tut/shake head, then get back to proper issues that matter?
It's all a load of bollocks really, isn't it. |
The story didn't even make the front page of today's Washington Post.
That's how much Trump is winning. | |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 16:28 - Mar 7 with 1831 views | Highjack |
| Legal news: Porn star sues Trump over confidentiality agreement on 14:54 - Mar 7 by acejack3065 |
doesn't count if you pay for it  |
I'm sure she didn't pay much. | |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 16:59 - Mar 7 with 1802 views | Bobby_Fischer |
| Legal news: Porn star sues Trump over confidentiality agreement on 16:28 - Mar 7 by Highjack |
I'm sure she didn't pay much. |
How much for the twins though? | |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 17:52 - Mar 17 with 1601 views | Shaky |
Trump Joins Legal Fight In Stormy Daniels' Lawsuit To End Her "Hush Agreement"
Lawyers for the company behind the 2016 payment say they could seek as much as $20 million from Stephanie Clifford, who goes by Stormy Daniels, for alleged breaches of the agreement.
By Chris Geidner
The Hill, March 17, 2018, at 1:00 a.m.
President Donald Trump has joined the legal fight over whether a woman is bound by an agreement she signed in 2016 to keep quiet about their alleged affair.
Stephanie Clifford, the adult film performer and director known as Stormy Daniels, sued Trump and the company set up by longtime Trump lawyer Michael Cohen in 2016 to pay Clifford to keep quiet.
Lawyers for that company, Essential Consultants (EC), filed a notice Friday afternoon in California to remove her case from state court to federal court and asserted that, under the 2016 agreement, they could seek damages of at least $20 million.
Charles Harder, an attorney best known for representing Hulk Hogan in his legal fight against Gawker, filed a notice on behalf of Trump joining in the removal. "Mr. Trump intends to join in EC’s anticipated Petition to Compel Arbitration under the Arbitration Agreement," he announced.
In Clifford's lawsuit, her lawyer, Michael Avenatti, claims that the settlement agreement and therefore its confidentiality provisions – which they call a "hush agreement" – were never valid because Trump did not sign the agreement. He also argues that the agreement should be found to be invalid as counter to public policy.
"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," Avenatti told BuzzFeed News. "To put it simply – they want to hide the truth from the American people. We will oppose this effort at every turn."
In its removal notice, EC makes clear it will defend the validity of the agreement and its requirement that any dispute be settled by arbitration.
"EC is aware of at least twenty (20) violations by Clifford of the confidentiality provisions of the Settlement Agreement," Brent Blakely, the lawyer for EC, wrote. Due to a provision in the agreement that each breach of the confidentiality provisions could lead to $1 million in damages, Blakely argues that "EC and/or Defendant Trump have the right to seek liquidated damages against Clifford for her numerous breaches" in the arbitration for an amount "approximated to already be in excess of twenty million dollars ($20,000,000)."
Regarding that claim, Avenatti told BuzzFeed News, "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. Likely unprecedented in our history. We are not going away and we will not be intimidated by these threats."
Earlier this month, Clifford sat down with Anderson Cooper for an interview, which 60 Minutes plans to air later this month.
Lawyers for Trump and EC did not immediately respond to requests for comment on the filings and Avenatti's comments Friday evening.
https://www.buzzfeed.com/chrisgeidner/trump-joins-legal-fight-in-stormy-daniels- | |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 18:44 - Mar 17 with 1571 views | Humpty |
| Legal news: Porn star sues Trump over confidentiality agreement on 17:52 - Mar 17 by Shaky |
Trump Joins Legal Fight In Stormy Daniels' Lawsuit To End Her "Hush Agreement"
Lawyers for the company behind the 2016 payment say they could seek as much as $20 million from Stephanie Clifford, who goes by Stormy Daniels, for alleged breaches of the agreement.
By Chris Geidner
The Hill, March 17, 2018, at 1:00 a.m.
President Donald Trump has joined the legal fight over whether a woman is bound by an agreement she signed in 2016 to keep quiet about their alleged affair.
Stephanie Clifford, the adult film performer and director known as Stormy Daniels, sued Trump and the company set up by longtime Trump lawyer Michael Cohen in 2016 to pay Clifford to keep quiet.
Lawyers for that company, Essential Consultants (EC), filed a notice Friday afternoon in California to remove her case from state court to federal court and asserted that, under the 2016 agreement, they could seek damages of at least $20 million.
Charles Harder, an attorney best known for representing Hulk Hogan in his legal fight against Gawker, filed a notice on behalf of Trump joining in the removal. "Mr. Trump intends to join in EC’s anticipated Petition to Compel Arbitration under the Arbitration Agreement," he announced.
In Clifford's lawsuit, her lawyer, Michael Avenatti, claims that the settlement agreement and therefore its confidentiality provisions – which they call a "hush agreement" – were never valid because Trump did not sign the agreement. He also argues that the agreement should be found to be invalid as counter to public policy.
"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," Avenatti told BuzzFeed News. "To put it simply – they want to hide the truth from the American people. We will oppose this effort at every turn."
In its removal notice, EC makes clear it will defend the validity of the agreement and its requirement that any dispute be settled by arbitration.
"EC is aware of at least twenty (20) violations by Clifford of the confidentiality provisions of the Settlement Agreement," Brent Blakely, the lawyer for EC, wrote. Due to a provision in the agreement that each breach of the confidentiality provisions could lead to $1 million in damages, Blakely argues that "EC and/or Defendant Trump have the right to seek liquidated damages against Clifford for her numerous breaches" in the arbitration for an amount "approximated to already be in excess of twenty million dollars ($20,000,000)."
Regarding that claim, Avenatti told BuzzFeed News, "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. Likely unprecedented in our history. We are not going away and we will not be intimidated by these threats."
Earlier this month, Clifford sat down with Anderson Cooper for an interview, which 60 Minutes plans to air later this month.
Lawyers for Trump and EC did not immediately respond to requests for comment on the filings and Avenatti's comments Friday evening.
https://www.buzzfeed.com/chrisgeidner/trump-joins-legal-fight-in-stormy-daniels- |
And then he's off to Korea to thrash out an agreement with Little Rocket Man.
He can't even wrap up a deal with a f*cking porn star! |  | | |
| Legal news: Porn star sues Trump over confidentiality agreement on 18:48 - Mar 17 with 1561 views | exiledclaseboy |
| Legal news: Porn star sues Trump over confidentiality agreement on 18:44 - Mar 17 by Humpty |
And then he's off to Korea to thrash out an agreement with Little Rocket Man.
He can't even wrap up a deal with a f*cking porn star! |
Fake news, ya daft snowflake. |  |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 18:54 - Mar 17 with 1555 views | Shaky |
Imagine if the headline read "President Obama sues pornstar for $20 million over breach of confidentiality agreement"
At least 20% of the US right would instantly loose their minds -- a conservative estimate. | |
| |
| Legal news: Porn star sues Trump over confidentiality agreement on 20:17 - Mar 18 with 1420 views | Shaky |
Speaking of confidentiality agreements:
++++++++++++++++++++++
Trump made federal employees sign nondisclosure agreements. They’re supposed to last beyond his presidency.
By Ruth Marcus Deputy editorial page editor
Washington Post, March 18 at 3:56 PM
Back in April 2016, when the notion of Donald Trump in the White House still seemed fanciful, The Post’s Robert Costa and Bob Woodward sat down with Trump, and Costa, at one point, raised the subject of the nondisclosure agreements for employees of which the candidate was so fond.
Costa: “One thing I always wondered, are you going to make employees of the federal government sign nondisclosure agreements?”
Trump: “I think they should. . . . And I don’t know, there could be some kind of a law that you can’t do this. But when people are chosen by a man to go into government at high levels and then they leave government and they write a book about a man and say a lot of things that were really guarded and personal, I don’t like that. I mean, I’ll be honest. And people would say, oh, that’s terrible, you’re taking away his right to free speech. Well, he’s going in.”
Reader, it happened. In the early months of the administration, at the behest of now-President Trump, who was furious over leaks from within the White House, senior White House staff members were asked to, and did, sign nondisclosure agreements vowing not to reveal confidential information and exposing them to damages for any violation. Some balked at first but, pressed by then-Chief of Staff Reince Priebus and the White House Counsel’s Office, ultimately complied, concluding that the agreements would likely not be enforceable in any event.
The nondisclosure agreements, said a person who signed the document, “were meant to be very similar to the ones that some of us signed during the campaign and during the transition. I remember the president saying, ‘Has everybody signed a confidentiality agreement like they did during the campaign or we had at Trump Tower?’ ”
At that time, in February or March of 2017, the source said, “There was lots of leaking, things that just weren’t true, and a lot of things that were true and should have remained confidential. The president’s point was that they [staff] would think twice about that if they were on the hook for some serious damages.”
Moreover, said the source, this confidentiality pledge would extend not only after an aide’s White House service but also beyond the Trump presidency. “It’s not meant to be constrained by the four years or eight years he’s president – or the four months or eight months somebody works there. It is meant to survive that.”
This is extraordinary. Every president inveighs against leakers and bemoans the kiss-and-tell books; no president, to my knowledge, has attempted to impose such a pledge. And while White House staffers have various confidentiality obligations – maintaining the secrecy of classified information or attorney-client privilege, for instance – the notion of imposing a side agreement, supposedly enforceable even after the president leaves office, is not only oppressive but constitutionally repugnant.
Unlike employees of private enterprises such as the Trump Organization or Trump campaign, White House aides have First Amendment rights when it comes to their employer, the federal government. If you have a leaker on your staff, the cure is firing, not suing.
“This is crazy,” said attorney Debra Katz, who has represented numerous government whistleblowers and negotiated nondisclosure agreements. “The idea of having some kind of economic penalty is an outrageous effort to limit and chill speech. Once again, this president believes employees owe him a personal duty of loyalty, when their duty of loyalty is to the institution.”
I haven’t been able to lay hands on the final agreement, but I do have a copy of a draft, and it is a doozy. It would expose violators to penalties of $10 million, payable to the federal government, for each and any unauthorized revelation of “confidential” information, defined as “all nonpublic information I learn of or gain access to in the course of my official duties in the service of the United States Government on White House staff,” including “communications . . . with members of the press” and “with employees of federal, state, and local governments.” The $10 million figure, I suspect, was watered down in the final version, because the people to whom I have spoken do not remember that jaw-dropping sum.
It would prohibit revelation of this confidential information in any form – including, get this, “the publication of works of fiction that contain any mention of the operations of the White House, federal agencies, foreign governments, or other entities interacting with the United States Government that is based on confidential information.”
As outlined in the document, this restriction would cover Trump aides not only during their White House service but also “at all times thereafter.”
The document: “I understand that the United States Government or, upon completion of the term(s) of Mr. Donald J. Trump, an authorized representative of Mr. Trump, may seek any remedy available to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement.”
This is so ridiculously excessive, so laughably unconstitutional, that I doubted, when it first came my way, that anything like it was ever implemented – only to do some reporting and learn otherwise.
Ordinarily I would insert a response from the White House, but this is no ordinary White House: It dealt with my numerous requests for comment, to the press office and the counsel’s office, with complete silence.
The draft made its way to me after I wrote a column observing that Trump’s silence-buying and silence-compelling days were done. Now we know that he imported these bullying tactics into the White House. Which raises the obvious question: Why is he so consistently frantic to ensure that no one knows what goes on behind closed doors?
Read more from Ruth Marcus’s archive, follow her on Twitter or subscribe to her updates on Facebook.
https://www.washingtonpost.com/opinions/trumps-nondisclosure-agreements-came-wit | |
| |
| |
By continuing to use the site, you agree to our use of cookies and to abide by our Terms and Conditions.
