Stormy Daniels Sues Trump Over “Hush Money” Agreement

160px-Official_Portrait_of_President_Donald_Trump_(cropped)I previously wrote about how the payments to both a former porn star and a former Playboy bunny could prove a greater threat to President Donald Trump than the still unsubstantiated collusion allegations that led to the appointment of the Special Counsel.  Now, one of those woman is formally in court after Stormy Daniels (AKA Stephanie Clifford) filed an action against President Trump.  I have previously criticized counsel for both Trump and Daniels for bizarre actions in this controversy and this lawsuit is no exception.  The lawsuit introduces new facts including the allegation that President Trump’s lawyer used a fake name for the President, David Dennison, as part of this effort to pay what the complaint calls “hush money.”  After differing accounts by Daniels, she has not only stated that she did have a year long affair (something Trump’s counsel has denied) but stated it in a court filing as opposed to a tabloid newspaper.

In the lawsuit, Clifford says that she began an affair after meeting him at Lake Tahoe.  Daniels’ 2011 interview was never litigated as defamation because it was never published. It could have been litigated as slander but Trump’s counsel succeeded in deterring the magazine with a threat of a defamation lawsuit (despite the problematic elements of such a case).  The statute of limitations on defamation in New York and California is one year.  However, if she were say that the interview’s representations were true, that would constitute a new act of defamation if the representations are untrue.

Cohen conduct in this matter has been bizarre and highly questionable.  As discussed earlier, Cohen created a shield company and anonymous identity to pay off Daniels has stated that the money was his, not Trump’s or the campaign’s. In an interview with NBC, Michael Cohen, said “Neither the Trump Organization nor the Trump campaign was a party to the transaction with Ms. Clifford, and neither reimbursed me for the payment, either directly or indirectly.”  He has also informed the Federal Election Commission that this was his money and thus not an illegal “in kind” political contribution. As a personal payment, Cohen insisted that it “was not a campaign contribution or a campaign expenditure by anyone.”

Cohen told CNN “Just because something isn’t true doesn’t mean that it can’t cause you harm or damage. I will always protect Mr. Trump.”

Cohen’s incredibly generous payment for Trump does not resolve the legal questions.  If Cohen was receiving money from the campaign or Trump, the payment could be viewed as little more than a pretense or shielding tactic.  Cohen curiously set up a corporate structure and used an assumed name to carry out the transaction.  The use of personal funds added yet another wall between Daniels and Trump.  The question will likely be asked if Cohen received a padded or inflated payment to cover the “personal” payment.  Moreover, since Trump was running for president, the payment could be viewed as a form of political contribution that evaded federal election laws by the plaintiffs. That is the John Edwards problem discussed earlier.

Cohen was representing Trump in this matter, including sending threats of defamation lawsuits.  He continues to represent Trump and has even become a plaintiff himself in a defamation action.  Becoming personally involved in a case of representation through personal contributions blurs the lines of the attorney-client relationship. It also raises the aforementioned questions of indirect payments and the use of counsel to circumvent reporting laws.  There is clearly a gray zone on gifts or such personal payments. However, attorneys are barred from entering into business transactions with clients.  

Cohen however was recently alleged to have told other individuals that he did not pay Daniels in a timely manner because he was waiting to speak with Trump. He also allegedly complained that Trump had failed to reimburse him for the $130,000 payoff.  That not only contradicts his legal position but it reinforces the campaign finance allegations.  Cohen could not have handled this matter more poorly and ineptly.

The complaint seeks a declaratory judgment that the agreement is null and void because Trump never signed it.  However, Daniels took signed the agreement and took the money.  Her stronger argument is that Cohen nullified the agreement by speaking publicly on the affair — another remarkably reckless decision.

 

Notably, Daniels says that on February 27,2018, Cohen initiated a “bogus” arbitration proceeding against her in Los Angeles.  She accused Cohen of still trying to muscle her.  Cohen is rather infamous for such threats and actions.  In complaint below states: “Put simply, considerable steps have been taken by Mr. Cohen in the last week to silence Ms. Clifford through the use of an improper and procedurally defective arbitration proceeding hidden from public view.”

As I wrote earlier, this is a real danger if the White House handles this as poorly as Cohen.  Special Counsel Mueller is already investigating Cohen’s involvement with deals in Moscow for the Trump Tower.  If he turns to the campaign finance allegations, this could easily metastasize into a serious problem.

 

Here is the complaint: Daniels filing

218 thoughts on “Stormy Daniels Sues Trump Over “Hush Money” Agreement

  1. I came to your website to read your article, after watching you on Morning Joe this morning.

    Seriously, you need a proofreader or copyeditor:

    Now, one of those woman…

    • “Has this been posted yet???”

      I didn’t see it in the NYTimes (I could have missed it) so I presume those on the left don’t know it and those not on the left have heard it from several sources.

    • What, you can’t check 211 comments? Can’t search this thread for domain matches in comments?

      Good luck with your knives, maybe they are at least sharp.

      • I got a new thingy in the mail today, sooo I have been trying it out. Now, I can play my guitar with it plugged into this little boxy thing about the size of a flip phone, and it wifis over to the amp! How cool! Plus, it makes the amp sound different. Better.

        Squeeky Fromm
        Girl Reporter

  2. While Stormy occupies the minds on this blog the WH goes on with business.

    “At the center of America’s resurgence
    It’s impossible to talk about the record-breaking successes of the U.S. economy today without talking about tax cuts. Unemployment is at its lowest rate in 17 years. Jobless claims recently hit a 48-year low. In January alone, the U.S. economy added 200,000 jobs.

    “At the center of America’s resurgence are the massive tax cuts that we just passed before Christmas,” President Trump says. The evidence backs him up. Third-party consumer and small-business confidence indices have hit their highest marks in years this quarter. More than 4 million American workers are receiving bonuses, wage increases, or other new benefits as a direct result of the Tax Cuts and Jobs Act.

    And the best part? As the positive impacts of tax reform multiply, more and more businesses have begun to turn their attention to the long-term investments that matter most for a healthy economy.”

  3. Money,money and more money promised to one who bares it. And definitely the Trump hater/s are using her as their pawn.

    • Who is a bigger prostitute? Stormy Daniels or the left playing their games?

      It is amazing she has more integrity than the left and where she fails, not living up to a contract, is one of the places the left fails all the time.

  4. In the press briefing the WH admits that the payment to Stormy Daniels was made on his behalf and the whole thing has already been litigated by the voting public. But the public did not know about Stormy Daniels, that’s what the hush money was for, so we wouldn’t know. I think Sarah Sanders has a big foot in her mouth.

    • We have seen nothing of this type of action while Trump has been in the White House. We saw a continuous action of this nature while Clinton was in the White House. It tells us what the women’s movement is all about and it demonstrates the duplicitousness of the left.

      • Why is everything a condemnation of left/right, dems/reps? Trump’s a womanizer, so was (is?) Clinton and I said so at the time. Clinton was worse with Lewinski in that while she felt entitled (as a white child of wealthy parents), there was a gross imbalance of power. Both men denied their womanizing. Clinton left, Trump right? Only who can tell? Clinton was not left, he was barely touching center from the right. Trump is so far right he is off the scale. But left or right, it has nothing to do with their womanizing.

        • Because the serious accusations against Trump have been disproven.Trump’s relationship 10 years ago with Stormy if it ever happened (there is a great deal of doubt) is totally unimportant since no such actions have occurred while running for or being President. This should not even be part of any discussion on politics. It distracts the government from doing its job. Those that gave Clinton a pass and commended him even disparaging the women he raped are the ones most likely to use these present allegations against this administration.

          Sanders merely repeats what is happening.

          You and your buddies have blown up every possible issue whether it is true or not to destroy a Presidency. So far Trump is doing pretty well for the country and our economic outlook is vastly improved from the time of Obama. Mine is not a left-right issue rather an issue to permit our government to function the way it is supposed to.

    • I’m not sure which description, but to many Trump supporters the alternative of (HRC) a crook whose policies too frequently went astray sealed their votes for Trump.

  5. It’s so hilarious when people talk about The Deep State. I wish they’d swear off Fox evening programs and the conspiracy websites, schedule a long vacation, get a prescription for Haldol at bedtime, and subscribe to a couple of newspapers of record.

    Because they’d discover that someone IS working to drain the swamp, not just in DC but all over the world. And it’s Robert Mueller. The news is mind blowing.

    • Gable, the only thing hilarious is that dummies like you will believe anything the Deep State tells you to believe. And to claim that Mueller is draining the Swamo is beyond ridiculous. Even the far-Leftist Huffington Post has acknowledged that Mueller is a corrupt Establishment player:

      https://www.huffingtonpost.com/entry/conflicts-of-interest-and-ethics-robert-mueller-and_us_5936a148e4b033940169cdc8

      But, as they say, ignorance can be educated, crazy can be medicated, but there’s no cure for stupid. And no escape from that either for you, Gable. You’re a complete tool.

        • Gable, don’t you know? Haven’t they told you? Stormy Daniels is an all-too-obvious deep-state operative.

          P. S. Have they stopped making Ibogaine? Or is Haldol just safer and more effective?

    • The sad thing is that you believe what you say though the evidence exists that proves you wrong. You figure if you close your eyes it doesn’t exist and if you don’t understand something it must not exist either. Something terrible went wrong with your education that left your mind stunted so that your view of the world around you leaves you satisfied to be told what is true and what isn’t. In that way, you don’t have to think.

      • You have just given a remarkably succinct description of many Trump voters. It’s not surprising that Trump has conned people so thoroughly. They were ripe for the pickin’. But, I’ve been told directly of people who have recognized that they were conned by him and this is very encouraging for the future of our country.

        G’nite.

        • That is correct. Trump voters look at the facts and listen to a broader set of news and combine that with what they see.

          We haven’t been conned. You have. The economy is up and unemployment is down. There are more jobs and the confidence in our economy is rising.

          The Nunes Memo should have tipped you off that something was wrong, but I guess you just closed your eyes.

              • FishWings, what do you know about the Steele Dossier? What do you know about Uranium one or the Clinton Foundation’s money? What do you really know? Apparently very little.

            • “Ha, ha, ha.”

              David, though Trump wasn’t my candidate of choice he was far more desirable than the opposition and, if anything, has demonstrated an ability to govern well despite all the illegal activities that have occurred and still occur within the government.

              I note you don’t engage in debate. That is probably because you lack the facts and recognize that you will be stripped naked when you have to defend your point of view.

              Though I disagree with a certain absoluteness in dhlii arguments against you in the debate on climate he absolutely whipped your tail with regard to on point information defending his view of climate change.

              You do not seem to have useful facts available that can be used in any debate.

  6. Ahhhhhh, I have figured out why Jon Turley is so obsessed with Stormy Daniels and cannot get her out of his mind. Turley has a CONNECTION to Stormy Daniels’ attorney Michael Avenatti that he has NOT disclosed here publicly–like he should. It turns out that Avenatti attended law school at George Washington University, in Washington, D.C. where he worked with Turley on constitutional issues relating to the Foreign Intelligence Surveillance Act (FISA). Thus, Turley has a vested interest in Stormy Daniels and in shielding the corrupt FBI, DOJ, and FISA Court scamsters.

    Now, do carry on with your Deep State, anti-Trump agenda, JT.

    • Interesting. . .he informed us, at least a couple of times, that I can recall, that Conway was a former student. . .why not tell us his connection to or association with Stormy’s mouthpiece, however tangential? Pretty simple, if you ask me. State the connection. The association. No big deal.

      • Bam bam, the distinction between disclosing the Kellyanne Conway connection and not disclosing the Michael Avenatti is that the former helps Jon Turley to make himself appear to be less biased, whereas the latter does not.

        Thus, with Kellyanne, he is effectively saying “Hey, I’m attacking Trump but I have a connection to Kellyanne, a member of the Trump administration, and I’m proud of her, so when I attack Trump, it’s not without good cause.”

        But now that JT has been outed here, he may well disclose his relationship with Avenatti in his next literary installment of the Stormy saga. 😉

  7. Illegal Aliens Convicted of Sex Crimes Among Those Who Evaded Capture After Oakland Mayor’s Warning

    by Katherine Rodriguez6 Mar 20182,973

    Justin Sullivan/Getty Images
    The Oakland mayor who warned illegal aliens of potential raids by Immigration and Customs Enforcement (ICE) in Northern California may have caused some criminal illegal aliens to evade deportation.

    ICE officials told Fox News that several of the 800 illegal aliens who evaded capture in Northern California had been convicted of sex crimes, driving under the influence (DUI), and armed robbery.

    One illegal alien from Mexico had been convicted of having sexual intercourse with a minor and DUI and had been deported from the U.S. once before in 2003, ICE officials said.

    Officials say another who had escaped capture had a sodomy conviction dating back to 2012, and a DUI conviction from this year. That same person — a Mexican citizen — had been deported from the U.S. before in 2013.

    A third illegal alien from Mexico who evaded ICE officials had been convicted of armed robbery and had been deported from the U.S. back in 2014 before he once again returned to the U.S. illegally, officials said.

    Acting ICE Director Thomas Homan announced Wednesday that a total of 800 illegal aliens avoided capture because of Schaaf’s warning. It is unclear whether there was a clear link between Schaaf’s warning and their disappearance.

    Oakland Mayor Libby Schaaf, a Democrat, warned San Francisco Bay Area residents, including illegal aliens, that ICE would be conducting raids the weekend of February 24.

    ICE officials blasted Schaaf after discovering that they could have caught more illegal aliens had she not warned the public.

    Homan announced that the Department of Justice is investigating Schaaf for obstruction of justice. Schaaf, however, said she does not “regret” disseminating information about the raids despite knowing she is under federal investigation.

    http://www.breitbart.com/california/2018/03/06/illegal-aliens-convicted-sex-crimes-robbery-among-evaded-capture-oakland-mayors-warning/?utm_source=newsletter&utm_medium=email&utm_term=daily&utm_content=links&utm_campaign=20180307

  8. Please contribute generously to Stormy Daniels on GoGundMe:
    https://www.gofundme.com/9he69he6ep8g

    I will soon be initiating a GoFundMe page on behalf of Jon Turley to help him fund the purchase of a silicon Stormy Daniels doll to help him bond better with the subject material that he writes about.

    Thank you.

  9. While we focus on Stormy we forget about the Steele dossier and how deep into the Democratic Party the conspiracy went.

    What Role Did Kerry Play in the Steele Dossier?

    Here’s one data point from Kerry’s violations of the Logan Act while engaged in contacts with an Islamic terrorist group.

    During the conversation, according to the report, Kerry asked Agha to convey a message to Abbas and ask him to “hold on and be strong.” Tell him, he told Agha, “that he should stay strong in his spirit and play for time, that he will not break and will not yield to President [Donald] Trump’s demands.”

    According to Kerry, Trump will not remain in office for a long time. It was reported that Kerry said that within a year there was a good chance that Trump would not be in the White House.

    Back then, I asked, “Does Kerry believe that, in the way that so many CNN and Washington Post listeners and readers do, or, as the guy close to the center of Obama Inc’s eavesdropping efforts, does he actually know?”

    Here’s Sara Carter reporting that the heat is about to be turned on the terrorist’s favorite guy in D.C.

    The House Select Committee on Intelligence is now investigating former Secretary of State John F. Kerry’s possible role into the unverified dossier paid for by the Democratic National Committee and Hillary Clinton Campaign, this reporter has learned.

    Jonathan Winer, a long-time colleague of Kerry and who served as the former envoy for Libya during his tenure at the Department, wrote an opinion piece in the Washington Post on Feb. 8, defending his relationship with Steele and his role in the infamous dossier.

    Winer attempted to pre-empt questions that the committee would ask regarding his role by admitting in his article that he was a long-time friend of Steele. He also established his close working relationship with Kerry saying, “in 2013, I returned to the State Department at the request of Secretary of State John F. Kerry, whom I had previously served as Senate counsel.”

    Also in September, 2016 Steele briefed Winer on the dossier at a Washington Hotel, according to an expose recently published in The New Yorker. Winer prepared his summary and shared it with former Assistant Secretary for European and Eurasian Affairs Victoria Nuland and Jon Finer, who was then chief of staff Kerry. Kerry was then briefed by Finer several days later, according to the report.

    That’s the official story, much of it comes from Obama Inc. The New Yorker piece wants readers to believe that Kerry didn’t want to have anything to do with the dossier. But his message to Abbas suggests that he was far more involved in Team Coup than Jane Mayer would like us to believe.

    Daniel Greenfield, a Shillman Journalism Fellow at the Freedom Center, is a New York writer focusing on radical Islam.

    https://www.frontpagemag.com/point/269526/what-role-did-kerry-play-steele-dossier-daniel-greenfield

  10. Stormy signed the deal, took the money and then ran her mouth. She’s the “party charged” under the statute of frauds and the deal’s terms can be enforced against her. Looks to me like that already happened in an arbitration she agreed to and, of course, she knows it. Big filing, big publicity, and big decision against her coming to a X-rated theater near you.

    • So, big deal. . .she’ll be sued. . .what does she have for them to take? The veneers off of her teeth rotting teeth? A couple of left over pasties, from back in the day, when her boobs weren’t scraping the floor and in need of a pair of their own stilettos?? She has nothing to lose and everything to gain. That is why she has come back, like a bad herpes sore, for her last moment in the sun.

    • She could have just had a 1 paragraph lawsuit, to wit:

      <blockquote.Comes now the Plaintiff, Stormy Daniels, and for her Complaint, states that:

      1. I should have bargained for a whole lot more than $130,000! Because I done spent that.

      Wherefore, the above premises stated, the Plaintiff herein prays this Honorable Court to rewrite the Contract, with a higher payout to me, or in the Alternative, let me bust the current Contract without getting sued for all the money I make off the breach thereof.

      Squeeky Fromm
      Girl Reporter

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