Legal News

Stormy Daniels’ New Motion Uses Donald Trump, Michael Cohen’s Words against Them

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By Teresa Lo

Posted on April 9, 2018

Summary: Slate Magazine stated that Stormy Daniels’ lawsuit against President Donald Trump and his attorney is “on stunningly solid legal footing.”

Stormy Daniels’ attorney, Michael Avenatti, filed a motion to depose President Donald Trump and his personal attorney, Michael Cohen. The motion was filed in California on Sunday evening, according to ABC News. Daniels’ attorney is seeking to ask both men about the $130,000 payment Cohen made to Daniels before the 2016 presidential election.

In January, the Wall Street Journal broke the story about Daniels receiving a $130,000 payment in 2016 allegedly to silence her from ever speaking about her affair with Donald Trump that started in 2006 and lasted one year. After the story went viral, Trump denied ever having sex with Daniels, a popular porn star at the time; and his attorney, Cohen, later said Trump had no knowledge of the deal.

Cohen admitted that he had given Daniels $130,000 in 2016, but he said that Trump did not know about it and he would not confirm what the payment was for. After this reveal, Daniels said that the non-disclosure she had signed in exchange for the payment was void because Trump had not signed the form or knew about it.

Slate Magazine stated that Daniels and her attorney Avenatti have a “stunningly strong” case against President Trump and Cohen; and that their case hinges on Trump and Cohen’s own words.

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“Daniels’ legal challenge to a contract made with Cohen’s Essential Consultants LLC for her to stay quiet about an alleged affair with Trump is stunningly strong. Her case rests on the claim that Trump never agreed to the deal, which would mean the contract was never actually formed. Trump’s lack of signature on the contract and his own statements, as well as those of his representatives in the White House and those of Cohen support that very argument,” Slate stated. “In Sunday’s memorandum of points accompanying his motion for a jury trial and limited discovery, Avenatti effectively used Trump’s and his surrogates’ own words against them.”

In Avenatti’s Sunday motion, he not only asked for a deposition from Trump and Cohen but for documents that pertained to the deal. In his motion, he is also seeking an expedited jury trial to determine if the NDA is valid or not.

On Monday, the FBI raided Cohen’s office, according to NBC News. During this raid, the authorities also obtained records of Cohen’s payment to Daniels.

The FBI raid occurred at Cohen’s office in New York City as part of the investigation helmed by special counsel Robert Mueller. Mueller was hired to determine whether or not Russia interfered with the 2016 Presidential Election to get Trump elected.

Trump’s spokesperson Sarah Huckabee Sanders told CNBC that Trump did not have a comment on the raid. Trump has denied ever having extramarital sex with Daniels, but Daniels gave an interview to InTouch in 2011 where she said they had sex the first night they met in 2006. At that time, Trump’s current wife, Melania, had just given birth to their son, Barron.