Posted on 03/17/2018 9:40:13 AM PDT by E. Pluribus Unum
Edited on 03/17/2018 10:38:38 AM PDT by Admin Moderator. [history]
President Trump is reportedly seeking $20 million in damages from Stormy Daniels, claiming through his lawyer that the porn actress violated a nondisclosure agreement by speaking publicly about her alleged affair with the president.
Trump’s personal attorney Michael Cohen also wants the ongoing dispute with Daniels to take place in private arbitration — as Daniels has been litigating the matter publicly, according to The Washington Post.
Thanks for that correction. Maybe I’m missing something, but how crucial is 20 million to Trump? If Cohn goes after Daniels hard, would it not be more for the object lesson value than for the cash?
The point would be that Trump would go after the party that induced Daniels to breach her contract. If, for instance, George Simpleton paid her to violate her non disclosure agreement, he would have committed the tort of tortious interference and would be liable for damages separate from her. As applicable to a news organization, while they have first amendment rights to publish, they do not have the right to violate contract law by interfering with a valid contract (NDA). The key being that when two parties enter a valid contract, no third party can induce one of those parties to violate that agreement. Just as you are not free to pay someone to murder someone, you are also not free to pay someone to violate a contract.
I get all that. My point is, Cohn would go after the secondary party if the goal were to collect the $. If the goal is to make an object lesson out of a person violating a Trump-related nondisclosure agreement, then Daniels would be the better target.
Good call, I wouldn’t bet against you.
The goal is neither money nor punishing Daniels. In reality, the only reason for her to violate her agreement is that she has concluded that talking will be more profitable that remaining silent. If a third party has agreed to pay her to talk, they have obviously concluded that getting the information out is worth whatever they agreed to pay. The goal for the Trump team is to make the cost for that third party so onerous that they nor anyone else will do it. While Daniels only received $130,000 for the agreement, the penalty for a third party inducing her to violate her contract could run into the billions. Even a major news organization or political activist might not think it worth the cost. Remember that for Daniels, it is violation a contract, but for a third party it is tortiously interfering with a valid contract, a much more serious offense.
“the fact of the affair is now public.”
I’m still not convinced that there was, in fact, an affair — at least not with Ms. Daniels.
Love your post, thank you. (And thank the Good Lord for Trump)
I don’t know who that is without seeing the full photo. Probably another wrestler.
I had a thought it was Andre the Giant (couldn’t imagine anyone else with a hand that big LOL!) so I googled and sure enough, he’s on the other side of Trump.
>> tortiously interfering with a valid contract <<
Yes, but if a judge or two can be persuaded that the NDA was never a valid contract in the first place, the tort problem may vanish like a puff of smoke.
I think I could argue the case either way. But given the way Mike Cohen has handled the whole matter, Stormy may get off Scot-free, while Cohen may have laid the groundwork for his own disbarment.
Russia?
That is a possibility, but no one can know until a final decision is rendered which could take considerable time. Were I running a major news organization or had my fortune on the line, I would be reluctant to take that chance, especially considering the remote possibility of doing any damage other than embarrassment.
Looks like Trump is going to ‘TAKE IT TO MATTRESSES!’ Right out of The Godfather...lol
Theoria came up with that guess in post 40, I concurred. Nice to have it confirmed.
Did you read or hear about the interview with her mother? Doesn’t know how/why her daughter got into the porn trade AND would vote again for President Trump, likes what he’s doing.
Don't know if she was just poling or giving out freebies in the back room since I wasn't there.........
Trump could also get an injunction forcing her to keep her mouth shut per the NDA. If she violated that order, she would be in contempt and subject to jail time. No third party can protect her from that.
How likely is it that if a third party paid her to violate the contract there would be a paper trail of that payment? A suitcase of cash slid across the table to her- for her to hide and not deposit into an account- or even payment made to offshore account.
She says she has tapes and texts proving the affair. Maybe a bluff, maybe not.
No I never read anything her mother said..Actually never even heard her talk since she was working with the democrats I figured she was just another liar and old woman that needed money..
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