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#305888 - 03/08/18 02:41 PM Stormy Daniels Suit: It's a Trap!!
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16105
And a well-laid one too (pun unintended, but serendipitous).

In general, arbitrators get first crack at determining if a contract is enforceable, and so it is here - President Trump's lawyer secured a restraining order against porn star Stormy Daniels - from the arbitrator. But, there are several reasons why Trump and his team are being outplayed by Daniels and her attorney.

First, the attorney is not constrained by the gag order. Thus he can appear on national TV and detail the affair, only limited by "telling the truth" about the lawsuit and its allegations.

Second, by asserting that the contract is "void ab initio" because Trump didn't sign it (a legitimate argument, even if it doesn't win), it forces two things: Trump has to admit he's a party to the agreement (the White House claimed they "won" but that's a lie - big surprise!) or he can't defend it; and Cohen has to divulge who paid the $130,000. If it was him (as he's asserted) then he's breached the agreement by talking about it publicly. He's either the principal in the agreement (and violated it) or representing a third party, and violated ethics rules (and maybe other laws). Since he says he paid for it out of his own pocket, he may have violated ethics rules as an attorney, and can be disbarred (he probably should be, anyway, for other reasons).

There's more, but this is such a delicious topic, I'd like to invite others to share.
_________________________
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich

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#305889 - 03/08/18 02:58 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16105
Okay, there's a third issue I meant to add: the arbitration agreement, and non-disclosure agreement, may be voided as a public policy doctrine violation. As President, or even as a candidate, the public's "right to know" supercedes his interest as a private citizen to keep his private affairs (another unintended pun!) private. Certainly, Robert Mueller could inquire and subpoena records in the public interest, especially as there were several suspicious monetary transactions involved.
_________________________
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich

Top
#305891 - 03/08/18 04:19 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16105
It's as if they read my mind: TIME. (Note, I started this thread before TIME entered the fray!) Here's the Complaint.

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#305893 - 03/08/18 09:01 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
rporter314 Offline
old hand

Registered: 03/18/03
Posts: 6449
Loc: Highlands, Tx
I wish I could revel in your giddiness but every time I see one of these stories I think about the Trump supporters I know and what their response would be ... yep you guessed it ... they love the story and wish it was them

Does Congress care? Do rolleyes count?

Clearly the Republican led Congress will not do anything about the most deplorable administration since Caligula and I am now considering the possibility of a Democrat House doing anything. I am not convinced the Senate would convict.

Hold fast
_________________________
ignorance is the enemy
without equality there is no liberty

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#305896 - 03/09/18 12:16 AM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16105
After the next group of Russian indictments, I suspect Roger Stone will be the "next one in the barrel" followed by Cohen. Both have strong tires to Trump and both are notoriously dirty. Mueller doesn't have to have them testify, I think he'll just try them.
_________________________
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich

Top
#305897 - 03/09/18 12:48 AM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
rporter314 Offline
old hand

Registered: 03/18/03
Posts: 6449
Loc: Highlands, Tx
I listened to a bit of an interview with Stone and to me he came off as disingenuous, but then all of these characters use the same old tired line ... I don't believe etc ... it's almost the same as being ignorant of the law ... simply irrelevant when you break it
_________________________
ignorance is the enemy
without equality there is no liberty

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#305900 - 03/09/18 01:08 AM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
Spag-hetti Offline
member

Registered: 09/10/08
Posts: 1662
Loc: Middle, USA
Hey! NWP! Was this one unintentional, too?

Quote:
... arbitrators get first crack ...


H-m-m-m-m-m?
_________________________
Just a Missouri school teacher ... stubborn as a mule and addicted to logic.

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#305905 - 03/09/18 04:54 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16105
LOL. Yes.
_________________________
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich

Top
#305908 - 03/09/18 07:52 PM Re: Stormy Daniels Suit: It's a Trap!! [Re: NW Ponderer]
jgw Offline
enthusiast

Registered: 05/22/06
Posts: 2058
Loc: Port Angeles, WA
I see that somebody has the actual papers on the lawsuit. Seems that trump also gave her photos of their coupling along with some other stuff. IT NEVER STOPS!!!!!!!!!!!!!

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#305917 - 03/10/18 07:14 AM Re: Stormy Daniels Suit: It's a Trap!! [Re: jgw]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16105
Trump and Cohen have fallen hard into the trap! Cohen claims that Trump didn't know about the settlement. If that were true (it's definitely not), it is a blatant violation of ethics rules, and makes the agreement a nullity - you can't have an agreement without two parties, and Cohen never claimed to be a party. Essentially, he's confessing to a fraud. The court will take that with a jaundiced eye.

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