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re: Why Stormy Daniels is Dangerous - Beyond STD Potential
Posted on 3/22/18 at 10:30 am to TigerAxeOK
Posted on 3/22/18 at 10:30 am to TigerAxeOK
quote:
This needs to be litigated in the highest possible court to make it more about Daniels than about TRUMP. So POTUS's lawyers need to be careful how they approach this, as to not legitimize Daniels' claims, as well as to not violate the NDA themselves.
Trump has hired Charles Harder, the guy who bankrupted Gawker when he represented Hulk Hogan in his civil suit against the media outlet. They have asked the court to remove the case to federal court and have filed a Motion to Compel Arbitration.
Additionally, Daniels's argument that the NDA isn't valid because Trump didn't sign it is laughable to a 2nd year law student. First, Trump is a third-party beneficiary to the agreement and thus has standing and privity to enforce said agreement. Second, lawyers have actual authority to bind their clients to agreements with third-parties. So if Trump, acting as the principal, authorized Cohen to effectuate this NDA, either by express or implied means, Cohen is acting with actual authority, which Daniels would have most certainly known.
This isn't going to turn out well for Stormy.
2
Posted on 3/22/18 at 10:38 am to SCLibertarian
quote:
Motion to Compel Arbitration
I have no idea why this would not be granted. The Federal Arbitration Act, and applicable state acts make arbitration nearly impossible to avoid. Assuming this matter was already arbitrated once (I think I've heard that), I am also assuming that the Order / Judgment that it produced is also enforceable against her.
As the "publisher" of this info subject to a confidentiality contract / order - CBS and Cooper may have some civil liability, but I'm not sure. They certainly would in a defamation matter.
Regardless. This will not end well for Stormy. Eventually CBS and Cooper will also throw her under the bus once she has outlived her useful life. I hope that the $130K was worth it to her.
Posted on 3/22/18 at 1:14 pm to SCLibertarian
quote:
First, Trump is a third-party beneficiary to the agreement and thus has standing and privity to enforce said agreement.
If he received this benefit during the campaign though, that being the benefit of a $130,000 payoff by his lawyer as a gift (since Cohen has complained about not being paid back), would this not be an impermissable benefit under FEC law? Pretty sure that's the question.
That is the issue at stake I think, not whether they had sex or not. It's funny that the "Best Dealmaker" couldn't even get this one right.
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