How Stormy Daniels might be outsmarting Trump by denying an affair
In the Kimmel interview, Daniels strongly suggested that she did, in fact, sign some kind of nondisclosure agreement.
KIMMEL: Do you have a nondisclosure agreement?
DANIELS: Do I?
KIMMEL: You can’t say whether you have a nondisclosure agreement, but if you didn’t have a nondisclosure agreement, you most certainly could say, “I don’t have a nondisclosure agreement.” Yes?
DANIELS: You’re so smart, Jimmy.
Daniels, it seems, is trying to remain in technical compliance with the nondisclosure agreement while leading the media and the public to conclude that her denials are not genuine and that the affair was real.
.. Whether Daniels can engage in such innuendo without violating the nondisclosure agreement “turns on the actual terms and language of the agreement, which I have not seen,” said Kathleen Cahill, a Baltimore sexual harassment lawyer.
Trump is, indeed, in a bind: He can’t sue Daniels for breach of contract without admitting that a contract exists.
.. Daniels could open herself up to a different kind of lawsuit, a defamation suit, if she were to explicitly claim that she and Trump had an affair.
“It would be qualitatively different if she came forward and said, ‘Yes, I had an affair,’ ” Katz said. “Then I think he would sue her.”