Trump’s Lawyer’s Lawyer: Deposing Trump and Cohen “Not Gonna Happen”

Stormy Daniels’ attorney Michael Avenatti

Yesterday, Stormy Daniels’ attorney pushed to depose Donald Trump under oath in the case regarding an alleged affair with the adult-film star years before he took office.

The aggressive step is just the latest development in the lawsuit filed by Daniels against the president and his personal lawyer, Michael Cohen. This follows amending the lawsuit to include a charge of defamation against Cohen.

Daniels is attempting to have the agreement reached just days before Trump won the presidency in 2016 declared null and void. For the sum of $130,000 the agreement requires Daniels to remain quiet about the alleged affair.

Daniels’s attorney, Michael J. Avenatti, says that Americans were told “a bucket of lies” by Trump’s White House and by Cohen, and a deposition is needed to determine if the agreement was “lawful.”

The White House has previously told the press that Trump denies having any affair with Daniels.

This morning, David Schwartz, the lawyer who represents Michael Cohen, told NBC host Megyn Kelly that a motion filed by Daniels’ legal team seeking to depose the president and Cohen under oath won’t be happening.

“It’s absolutely not going to happen — not in this case, anyway, because the case itself is completely frivolous,” Schwartz said.

Avenatti trolled Schwartz on Twitter in the fiercest of ways:

It’s looking more and more that Avenatt is right about Schwartz not being the sharpest legal tack in the shed.

Last night, Schwartz sat down with CNN’s Erin Burnett and announced Cohen was acting independently when he created an LLC and paid Daniels, though he used several Trump Organization addresses.

He went on to say Cohen drew up the agreement without telling Trump, and that’s why his signature isn’t on the document.

“The president was not aware of the agreement. At least, Michael Cohen never told him about the agreement,” Schwartz said. “Michael Cohen left the option open. That’s why he left that signature line, the option open to go to him. He chose not to. He chose to bind the LLC, EC LLC and Stormy Daniels into the contract.”

Legal minds found that statement troubling.

Former federal prosecutor Renato Mariotti explained on Twitter that this statement supports Daniels’s claim that the agreement is void, as it says in the document that only Trump, not Cohen’s LLC, can enter into an agreement with her.

PPP Poll: Stormy Daniels Beats Trump In Hypothetical 2020 Matchup

Stormy Daniels

The results of the latest Public Policy Polling survey show Donald Trump losing to just about every opponent imaginable in 2020 including a certain porn star.

In hypothetical match ups for 2020:

• Trump trails former Vice President Joe Biden 56-39

• Trump trails Sen. Bernie Sanders 55-39

• Trump trails Sen. Elizabeth Warren 51-40

• Trump trails Sen. Cory Booker 49-39

• Trump trails Sen. Kamala Harris 43-39

• Trump trails Sen. Kirsten Gillibrand 42-40

It’s notable that Trump doesn’t break the 40% mark no matter who you poll him against.

Just for fun, PPP added two more names – porn star Stormy Daniels, and Daniels under her real name Stephanie Clifford.

“Stephanie Clifford” actually edged Trump by one point 42-41. Of course, most people don’t even know who “Stephanie Clifford” is.

When PPP used Clifford’s real name, she lost 10 points of her support trailing Trump 41-32.

Stormy Daniels Sues Trump Lawyer For Defamation

Stormy Daniels

(I was traveling most of yesterday and didn’t get this story up, my apologies)

The morning after 22 million Americans watched Stormy Daniels answer questions from Anderson Cooper about her 2006 sexual relationship with Donald Trump, her lawyer Michael Avenetti amended her current lawsuit against Donald Trump to include a charge of defamation against Trump’s attorney, Michael Cohen.

Via NPR:

Daniels says that Cohen defamed her when he put out a statement in February regarding the $130,000 payment he made to her just before the election, allegedly in exchange for her silence. In that statement to the media, Cohen said, “Just because something isn’t true doesn’t mean that it can’t cause you harm or damage.”

Daniels’ lawsuit argues:

“It was reasonably understood by those who read or heard the statement that Mr. Cohen’s defamatory statement was about Ms. Clifford. Both on its face, and because of the facts and circumstances known to persons who read or heard the statement, it was reasonably understood Mr. Cohen meant to convey that Ms. Clifford is a liar, someone who should not be trusted, and that her claims about her relationship with Mr. Trump is ‘something [that] isn’t true.’ “

The amended filing also alleges that the payment from Cohen violated federal election law because it was an in-kind campaign contribution to Trump that was never reported and that exceeded federal contribution limits — an issue that has also been raised by the organization Common Cause. Cohen has denied any such wrongdoing.

Ultimately, the more serious charge here in my opinion lies in Cohen legal jeopardy through the illegal campaign contribution.

According to the FEC, which is currently understaffed, it could take more than a year to determine if the payment to Daniels from Cohen was illegal or not.

NBC News is reporting that the FEC is still closing cases from the 2015-2016 campaign cycle.

Stormy Daniels Interview Nets 10 Year High In Ratings For “60 Minutes”

Stormy Daniels (via screen capture)

The much-anticipated Stormy Daniels interview with Anderson Cooper on CBS’ 60 Minutes was a ratings bonanza for the newsmagazine. Last night’s audience of over 23 million was the largest since 2008’s interview with Barack and Michelle Obama.

My two big take aways from last night’s 60 Minutes interview with Stormy Daniels:

Daniels’ revealing the specifics of an actual threat to her brought criminal behavior into this tale of woe.

From Axios:

Daniels, whose real name is Stephanie Clifford, said an unknown man physically threatened her in 2011 in parking lot with her infant daughter after she granted a tell-all interview to In Touch magazine. Daniels recalled, “I was in a parking lot … And a guy walked up on me and said to me, ‘Leave Trump alone. Forget the story.’ And then he leaned around and looked at my daughter and said, ‘That’s a beautiful little girl. It’d be a shame if something happened to her mom.’ And then he was gone.”

The second issue of interest was learning Michael Cohen, Donald Trump’s lawyer, may very well be in much more jeopardy for paying the $130,000 to Daniels that he originally thought.

If Cohen’s $130,000 payment — which he claims he made personally — actually violates campaign finance laws. Former FEC chairman Trevor Potter spoke to “60 Minutes” about the situation, stating that Cohen could be in trouble if he was never reimbursed by Trump:

If Trump paid Cohen back: “If he was then reimbursed by the president, that doesn’t remove the fact that the initial payment violated Cohen’s contribution limits. I guess it mitigates it if he’s paid back by the candidate because the candidate could have paid for it without limit.”

If Trump didn’t pay Cohen back: “Then he is still out on the line, having made a illegal in kind contribution to the campaign.”

Daniels’ lawyer Michael Avenatti producing a FedEx slip from the delivery of the signed NDA to Trump Tower was something. It was incredibly stupid to have the document sent to Trump Tower if keeping Trump out of the equation was the point. Not a biggie, but another slice to add to the pie of evidence.

Other than those bits of info, the much-hyped interview wasn’t all that explosive.

Along the way, I do think Stormy knew how to get under the Trumpster’s skin by making a point to say she didn’t want to have sex with him and insinuating it wasn’t all that.

After repeating Trump’s alleged offer to try and get her on The Apprentice, I’d love for a reporter to check in with the producers of the show at the time and ask if Stormy Daniels’ name ever came up in discussions with Trump.

News Round-Up: March 23, 2018

Out Olympian Gus Kenworthy & Beemo

Some news items you might have missed:

• Bonus National Puppy Day pic – Gus Kenworthy’s South Korean pup, Beemo, has her own Instagram page and already has 70K followers. Deservedly so, I should add.

• A new study shows 92% of young gay men want to get married.

• Robbie Rogers and director Greg Berlanti bought out two movie theaters so young LGBTQs could see Berlanti’s new movie, Love, Simon.

• The anti-gay hate group Liberty Counsel has pulled its support for the anti-LGBT bill The First Amendment Defense Act because it’s not anti-gay enough.

• Craigslist has shut down its personal ad section after the U.S. Senate passed Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). Some say shuttering these ads is dangerous for the sex workers it purportedly protects as sex workers advertising online are not soliciting work on the streets, where they are more likely to encounter dangerous situations.

• Comedian Jim Carrey has been sharing his artwork of late relating to the Trump regime, if you will.

The latest shows Donald Trump in flagrante delicto as allegations of sexual relationships with porn star Stormy Daniels and former Playboy Playmate Karen McDougal dominate the headlines.

Stormy Daniels’ Attorney Trolls Trump With Possible Photographic Evidence

Stormy Daniels

Ahead of Stormy Daniels’ upcoming interview with Anderson Cooper on CBS’ 60 Minutes this Sunday, her attorney Michael Avenatti trolled Team Trump with a photo of a CD-R in a safe with the caption, “If ‘a picture is worth a thousand words,’ how many words is this worth?????#60minutes #pleasedenyit #basta”

Through many TV appearances, Avenatti has ducked and weaved on questions of Daniels having physical evidence of her alleged affair with Donald Trump in 2006.

However, he has stated over and over again that folks who watch the interview will find Daniels version of events “compelling.”

Stormy Daniels Took A Lie-Detector Test Regarding Trump Affair And Passed

Stormy Daniels

According to the The Wall Street Journal (conservative newspaper, ahem…) porn star Stormy Daniels, who alleges she had a sexual relationship with Donald Trump just months after the birth of his son Barron, took a polygraph test about the affair and passed.

Reporter Jordi Lippe-McGraw said she interviewed Ms. Clifford and recorded her discussing alleged encounters with Mr. Trump, starting with dinner and sex at his hotel room after they met at a celebrity golf tournament in Lake Tahoe in 2006, according to a transcript published by Bauer.

Lie-detector tests supported the accounts of Ms. Clifford according to reports reviewed by the Journal.

Examiner: Ronald D. Slay, Western Security Consultants, Las Vegas

PRE-TEST INTERVIEW: Ms. Clifford presented herself well in outward appearance of credibility. There were no observable indications of intent to deceive.

Question: Around July 2006, did you have vaginal intercourse with Donald Trump?
Answer: YES
Determination: Truthful

Question: Around July 2006, did you have unprotected sex with Donald Trump?
Answer: YES
Determination: Truthful

Question: Did Trump say you would get on “The Apprentice?”
Answer: YES
Determination: Inconclusive

CONCLUSION: In the opinion of this examiner Ms. Clifford is truthful about having unprotected vaginal intercourse with Donald Trump in July 2006.

In related news, Stormy Daniels’s lawyer said he hasn’t yet received any interview requests to appear on Fox News.

“I’ve been invited to give interviews to literally hundreds of media outlets around the world,” Michael Avenatti said during an interview on MSNBC.

“What is shocking to me is, I haven’t received a single request, not one, from Fox News,” he said.

Now, wouldn’t a major news outlet be interested in asking Daniels’ attorney questions?

Lawyer: Stormy Daniels Was Physically Intimidated To Stay Quiet About Alleged Trump Affair

During an interview with CNN’s Chris Cuomo this morning, Stormy Daniels’ lawyer Michael Avenatti shared that his client was physically intimidated to keep quiet about her alleged affair with Donald Trump.

From CNN:

The lawyer representing Stormy Daniels, the porn star suing President Donald Trump, claimed Friday that she has faced physical threats.

“My client was physically threatened to stay silent about what she knew about Donald Trump,” Michael Avenatti told CNN’s Chris Cuomo on “New Day.” He said more details would be forthcoming in Daniels’ upcoming interview on CBS’s “60 Minutes,” which is scheduled to air later this month.

“She’s going to be able to provide very specific details about what happened here,” Avenatti said.

He would not answer whether or not it was someone close to the President who threatened her, and later told CNN he couldn’t answer a question about whether he or Daniels filed a police report.

Daniels has been in the headlines for weeks now having come forward about an alleged affair she had with Trump in 2006 just months after his son Barron was born. She says she was paid $130,000 in “hush money” just days before the 2016 election.

Avenatti also shared Daniels’ interview with Anderson Cooper on 60 Minutes will air on March 25.

Additionally, Avenatti told Cuomo six more women have stepped up with similar claims about affairs with Trump.

Watch the interview below.

Stormy Daniels Launches Crowdfunding Campaign To Cover Legal Costs Of Breaking Trump Non-Disclosure Agreement

Stormy Daniels

Stormy Daniels has launched a crowdfunding campaign to cover the legal costs of breaking her non-disclosure agreement with Donald Trump regarding her alleged sexual relationship she had with him over a decade ago.

As we all know by now, Daniels accepted $130,000 from Trump’s personal lawyer, Michael Cohen, as hush money 12 days before the election.

“I am attempting to speak honestly and openly to the American people about my relationship with now President Donald Trump and the intimidation and tactics used against me,” Daniels says on the fundraising page.

“But unfortunately, I do not have the vast resources to fight Mr. Trump and Mr. Cohen alone,” she writes. “Thank you for supporting me.”

From The Washington Post:

Daniels says on the website that she will use donations for attorney’s fees, out-of-pocket legal costs, any damages assessed against her and security costs. Avenatti cited “credible” threats against Daniels in recent days, though he would not detail those threats or her security measures. Refunds of any leftover money will be prorated under the CrowdJustice.com policy.

Avenatti told CNN last week that “at least” 10 people have offered to give Daniels $1 million so she can speak freely about her relationship with Trump.

“We could have easily gone out and secretly raised millions from a number of ‘fat cat’ donors who don’t like the president,” Avenatti told The Post on Wednesday. “But that isn’t in the spirit of what this is about.”

Here’s the link to the crowdfunding campaign at CrowdJustice.com.

And here’s her full statement there:

My name is Stephanie Clifford (aka Stormy Daniels).

I am attempting to speak honestly and openly to the American people about my relationship with now President Donald Trump, as well as the intimidation and tactics that he, together with his attorney Michael Cohen, have used to silence me.

In order to tell my story, I have had to file a public lawsuit in Los Angeles, California in an effort to void a non-disclosure agreement (NDA) that Mr. Trump never signed and yet is trying to use to intimidate me.

Rather than agree that the NDA is invalid, thus allowing me to talk, Mr. Trump and Mr. Cohen have instead attempted to hide the facts from the public using a bogus arbitration proceeding and have threatened me with millions of dollars in damages ($1M each time I speak out) if I tell the truth about what happened.

I recently made an offer to return the $130,000 I was previously paid if it was agreed that I could simply tell the truth publicly. Mr. Trump and Mr. Cohen did not even bother to respond.

I need funds to pay for: attorneys’ fees; out-of-pocket costs associated with the lawsuit, arbitration, and my right to speak openly; security expenses; and damages that may be awarded against me if I speak out and ultimately lose to Mr. Trump and Mr. Cohen.

I am more fortunate than many, many people in this country. And for that I am grateful. But unfortunately, I do not have the vast resources to fight Mr. Trump and Mr. Cohen alone. Thank you for supporting me.

Stormy Daniels Offers To Give Hush Money Back To Donald Trump

Stormy Daniels

From NBC News:

Adult film star Stormy Daniels is offering to give back the $130,000 she was paid for her silence so she can speak freely about President Donald Trump and release any text messages, photos and videos she might have.

The actress, whose real name is Stephanie Clifford, made the offer Monday in a letter to Trump’s private attorney Michael Cohen, who brokered a nondisclosure agreement with her shortly before the 2016 presidential election.

The letter, which was first reported by the New York Times, says the money would be wired to an account designated by Trump by Friday. In return, Clifford would be allowed to “speak openly and freely about her prior relationship with the president and the attempts to silence her and use and publish and text messages, photos and videos relating to the president that she may have in her possession, all without fear of retribution or legal liability,” the letter says.

“This has never been about the money,” Clifford’s lawyer, Michael Avenatti, told NBC News on Monday. “It has always been about Ms. Clifford being allowed to tell the truth. The American people should be permitted to judge for themselves who is shooting straight with them and who is misleading them. Our offer seeks to allow this to happen.”

This is all kind of ingenious on Avenatti’s part. If Trump has nothing to hide, why not let Daniels tell her side of whatever story there is?

Avenatti recently tweeted a photo of himself with his client and Anderson Cooper. Cooper has recently interviewed Daniels and there are reports Michael Cohen may seek to block the airing of the interview.

Stormy teased on Twitter that she’d like to deliver the cash herself “gangsta style” in a private jet: