IT WAS one thing for Donald Trump, the businessman, to require employees, investors, ex-wives and adult-film stars to sign nondisclosure agreements. As distasteful as those agreements may have been, he was exercising the legal rights of a private citizen. It is an entirely different — and completely unacceptable — matter for Donald Trump, the president, to think he can similarly gag White House staff.
.. Mr. Trump’s demand for signed confidentiality agreements, The Post’s Ruth Marcus reported in revealing their existence, was prompted by his fury over embarrassing leaks early in his administration. The New York Times subsequently reported that White House Counsel Donald McGahn had cautioned that threatening penalties for those revealing secrets was illegal and unenforceable, but — mainly to placate the president — eventually drew up a broad document barring officials from revealing what they heard and saw at work.
Trump Organization Tied to Deal to Keep Ex-Porn Star Quiet
An assistant general counsel at the president’s flagship holding company intervened in arbitration proceeding in California to enforce a nondisclosure deal with former porn star
Documents marked “HIGHLY CONFIDENTIAL PROCEEDING” for the first time tie President Donald Trump’s flagship holding company to the continuing effort to silence a former adult-film actress who says she had an affair with Mr. Trump.
.. A Trump Organization lawyer, Jill A. Martin, is listed as counsel in an arbitration demand for Essential Consultants LLC, a Delaware company formed by Mr. Trump’s personal lawyer and used to pay $130,000 to Stephanie Clifford in exchange for her silence, according to Feb. 22 arbitration documents filed in Orange County, Calif.
.. Mr. Cohen, who was employed by the Trump Organization when he brokered the deal with Ms. Clifford shortly before the 2016 presidential election, has maintained he was acting on his own and has called it a “private transaction.”
.. Proving any violation would require evidence of coordination between Messrs. Cohen and Trump or his campaign, campaign-finance experts say.
.. Ms. Martin emailed a statement from the company that said she facilitated the filing “in her individual capacity” until a New York-based lawyer gained approval to practice in California. “The company has had no involvement in the matter,” the statement said
.. The arbitration filings, revealed by Michael Avenatti, Ms. Clifford’s attorney, show a direct connection between Mr. Trump’s company and the nondisclosure agreement with Ms. Clifford.
.. Ms. Martin signed a declaration listing her office address as One Trump National Drive, which is at the Trump Organization’s Trump National Golf Club in Rancho Palos Verdes, Calif.
.. She was a lead attorney for the Trump Organization in lawsuits alleging Mr. Trump’s real-estate seminars, Trump University, had defrauded customers.
.. Ms. Martin vouched for his character in media interviews during the 2016 campaign, after several women accused him of sexual harassment and assault
.. “Thousands of women have worked for him, including myself, and he’s treated us with nothing but respect and appropriately. And he’s always been someone who none of us would ever imagine he would do something like this,”
.. Mr. Cohen said he hadn’t been reimbursed by the Trump Organization or by Mr. Trump’s campaign, but declined to say if he had been reimbursed by Mr. Trump or anyone else.
.. He was listed as “David Dennison,” also a pseudonym,
The Stormy Daniels Scandal Gets Serious
The real scandal, it seemed, was that there was no scandal, because no one expects any better of Trump. The religious right was willing to give him a “mulligan,” in the words of Tony Perkins, president of the Family Research Council.
.. her lawyer has filed a lawsuit arguing that the nondisclosure agreement she signed is null and void because Trump himself never signed it. The suit, ingeniously, has given Daniels’s lawyer a pretext to make that agreement public.
.. for all its sordid details, it isn’t really a sex scandal. It’s a campaign finance scandal, a transparency scandal and potentially part of an ongoing national security scandal.
.. But the release of the NDA makes clear that Trump himself was a party to the agreement. If Trump authorized the $130,000 payment, it’s harder to explain away his campaign’s failure to disclose it, as required by law.
.. Sarah Huckabee Sanders, all but confirmed Trump’s involvement on Wednesday, when she said that a recent arbitration proceeding — the one that resulted in the temporary restraining order — was “won in the president’s favor.”
.. the “Al Capone problem.” The Daniels NDA refers repeatedly to “property” that she agreed to turn over to Trump, including video images, still images, emails and text messages. Eisen argues that Trump was required to report ownership of this property, as well as any obligations he might have had to reimburse Cohen for the $130,000, in his federal financial disclosure forms.
.. “The asset here is this incredibly valuable agreement with Stormy,” Eisen told me. “Imagine what she could get if she has texts or images. Imagine the millions she could command!
.. the Daniels story is germane to the overriding scandal of the Trump administration, the one involving Trump’s relationship with Russia. Christopher Steele, the British ex-spy who compiled an infamous dossier of opposition research on Trump, wrote that Russia could blackmail Trump with evidence of his “sexual perversion.”
.. The NDA does, however, show that Trump was susceptible to blackmail.
.. Steve Bannon told “Fire and Fury” author Michael Wolff that another Trump lawyer, Marc Kasowitz, “took care” of “a hundred women” during the campaign.
.. David Super, a professor at Georgetown University Law Center, told me he was surprised by how legally strong Daniels’s lawsuit seems, due to the way the original NDA was written.
.. “Any halfway competent lawyer could have drafted the contract so that he didn’t need to sign it,” Super said of Cohen and Trump. “But they didn’t do it that way.”
.. Among other things, the NDA forbids her from discussing Trump’s “alleged children” or “paternity information.” But the scandal will lie less in the details of Trump’s degeneracy than in the steps he and his lawyers took to cover it up.
“This is early days yet in the unfolding of this scandal,” said Eisen. Like Trump himself, it’s preposterous, but it’s not going away.
Stormy Daniels Lawsuit Opens Door to Further Trouble for Trump
As any longtime legal hand in the capital remembers well, it was a sexual harassment lawsuit brought by an Arkansas state employee, Paula Jones, against Bill Clinton that led to his impeachment for lying about his affair with Monica S. Lewinsky.
.. The case of the adult film actress, Stephanie Clifford, who uses the stage-name Stormy Daniels, may not get past even the first considerable obstacles. But if her court case proceeds, Mr. Trump and his longtime personal lawyer, Michael D. Cohen, may have to testify in depositions
.. Ms. Clifford’s agreement with Mr. Cohen stipulated that they would resolve disputes in the confidential arbitration proceedings. Assuming she does not blink — and her lawyer has said she won’t — it will fall to a judge in Los Angeles, where the suit was filed, to decide whether to compel Ms. Clifford to return to arbitration or allow the case to go forward in court
.. “A lawsuit opens the door, and judges almost always allow for a plaintiff to have a fishing expedition,” said Robert S. Bennett, the Washington lawyer who represented Mr. Clinton in the Paula Jones case. The questions could include, “Have you paid other people money?” he said.
.. perhaps intending to broaden it later to include claims that Mr. Trump and Mr. Cohen coerced her into silence. “If that happened,” he said, “they certainly could seek to depose Trump.”
And in that case, he said, “I can certainly imagine how it might get broader.
And if it did, the wide array of Trump’s sexual interactions could be addressed
.. Ms. Clifford’s signature on the contract, and acceptance of the money, could count as a clear sign of agreement.
.. But other legal experts were struck by the sweeping nature of the nondisclosure agreement Ms. Clifford signed, and expressed skepticism that it would hold up in court. Beyond the circumstances of the alleged sexual relationship, the agreement barred her from doing anything, even indirectly, to “publicly disparage” Mr. Trump.
.. Ms. Clifford has claimed that she met Mr. Trump at a celebrity golf tournament in 2006 and began a relationship that included sex and promises from Mr. Trump to get her on his NBC show “The Apprentice” and to give her a condominium... Mr. Avenatti argues that because Mr. Trump did not sign it himself, the agreement is invalid — a point Mr. Super, the Georgetown professor, basically agreed with and Mr. Noble said might have merit... The extent to which Mr. Cohen was acting on his own in striking the agreement with Ms. Clifford and paying her is crucial.. Important factors in the case would include just how closely Mr. Cohen coordinated the payment to Ms. Clifford with Mr. Trump and whether it was intended to help the campaign avoid negative publicity... But in her suit, Ms. Clifford tries to implicate Mr. Trump in the transaction, saying the offer of money was intended to buy her silence to help “ensure he won the presidential election.”.. It could have simply been a personal matter, he said, of Mr. Trump wishing to keep a secret from his wife.