What Went Wrong in the Stormy Daniels Case

.. the biggest question might be why the President of the United States didn’t just let her talk.

.. her suit contends that she isn’t bound by the agreement, because Trump never signed it and because his lawyer Michael Cohen had spoken—and lied—about it publicly.

.. The suit also says that the Trump camp used “coercive tactics” to pressure her to stay silent

.. there had been intimations of violence

.. And yet the Clifford case is not only singularly revealing of the President’s character and his operations but also a likely harbinger of major troubles ahead.

.. Cohen said that it was his own “private transaction,” using his money, and that the Trump Organization and the Trump campaign had nothing to do with it. This never made much sense, since the Trump Organization employed him. But, even if Cohen’s story were true, it raised questions, more broadly, about where the money comes from and where it goes in Trump’s dealings.

.. President’s lawyers seem not to have considered what Clifford’s next move would be: challenging the arbitration. They had, in effect, engineered something of a win-win situation for her. Practically speaking, in order for Trump to hold Clifford to the agreement, he has to fight her in court—a process he began Friday—and come out and admit to the deal publicly.

.. CNN and the Journal reported that one of the lawyers who obtained the order was Jill Martin, another Trump Organization employee. (She was the point person in the Trump University fraud case.) A statement from the company said that, like Cohen, Martin had handled the matter only “in her individual capacity.” This paints a picture of the Trump Organization as a place where anything that the company isn’t quite supposed to do might be done as a personal favor, perhaps dressed up as an act of friendship or loyalty. It is a further sign that the special counsel Robert Mueller’s subpoena of Trump Organization business records, reported last week, might turn up a true morass.

.. With the President’s sons meeting with foreign political figures while travelling the world on business trips, with his daughter playing a diplomatic role with leaders of countries where she has commercial interests, and with his son-in-law seemingly marked as a potential recipient of foreign bribes by all and sundry, it’s important to know who pays whom, and for what.

.. The Trump team’s response to the Clifford debacle seems to have been driven by the President’s vanity, temper, and resentment. All of those have also been on display in his larger response to Mueller’s investigation, from his firing of James Comey, the F.B.I. director—an action that exposed him to possible obstruction-of-justice charges—to his apparent desire, last week, to fire Andrew McCabe

.. For a man who has built a career on bluffing and intimidation, Trump is surprisingly clumsy when it comes to those tactics, and oblivious of their costs.

.. After all, why didn’t the President sign the agreement? Did he never intend to, or could he just not be bothered? With Trump, it can be hard to tell bad will from bad lawyering. He regularly demands that his subordinates operate in accordance with what he thinks the law ought to be, rather than what it is.

.. Trump’s lawyers were considering trying to block the broadcast, now scheduled for March 25th, of an interview that Anderson Cooper conducted with Clifford for “60 Minutes.” There is no legal rationale for such prior restraint. But it wouldn’t be the first time that the President has indicated that he believes he has, or should have, the power to silence the press.

.. Then again, Trump’s circle might be trying to enforce Clifford’s confidentiality agreement not for its own sake but in order to send a message to other people, who may have signed similar agreements, about the cost of breaking them. (“In my experience, bullies have one speed and one speed only,” Avenatti told The New Yorker. “They don’t just bully one person. They bully many people.”)

Stormy Daniels vs. Trump — Here’s why conservative Christians are sticking with the president

No doubt some Christian leaders have gone too far in rationalizing Trump’s past personal behavior and excusing his offensive comments while in office. He is a deeply flawed man. But Trump does have one moral quality that deserves admiration: He keeps his promises.

During the 2016 campaign, Trump pledged to defend religious liberty, stand up for unborn life and appoint conservative jurists to the Supreme Court and federal appeals courts. And he has done exactly what he promised. The abortion-rights lobby NARAL complains that Trump has been “relentless” on these fronts, declaring his administration “the worst .?.?. that we’ve ever seen.” That is more important to most Christian conservatives than what the president may have done with a porn actress more than ten years ago.

Hillary Clinton promised to escalate those attacks. In 2015, she declared at the Women in the World Summit that “religious beliefs … have to be changed” — perhaps the most radical threat to religious liberty ever delivered by a major presidential candidate. Had Clinton won, she would have replaced the late conservative Justice Antonin Scalia with a liberal jurist, giving the Supreme Court a liberal judicial-activist majority.

The impact would have been immediate, as the court prepares to decide two cases crucial to religious liberty.

In Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Court will soon determine whether the government can compel a U.S. citizen to violate his conscience and participate in speech that violates his sincerely held religious beliefs.

In National Institute of Family Life Advocates v. Becerra, the Court will decide whether the state of California can compel pro-life crisis pregnancy centers to advertise access to abortion to their clients, in violation of their conscience.

.. The president is moving at record pace to fill the federal appeals courts with young conservative judges who will protect life and religious freedom for decades. He also fulfilled his promise to defend the Little Sisters from government bullying, by expanding the religious and conscience exemption to the Obamacare contraception mandate to cover both nonprofit and for-profit organizations.

.. Trump ordered the creation of the Conscience and Religious Freedom Division at the Department of Health and Human Services to protect the civil rights of doctors, nurses and other health-care workers who refuse to take part in procedures such as abortion, reversing an Obama-era policy that required them to do so. And his Justice Department issued 25-page guidance to federal agencies instructing them to protect the religious liberty in the execution of federal law.

While Clinton promised to repeal the Hyde Amendment barring federal funds for abortion, Trump has been a pro-life champion. He became the first president to address the March for Life when he spoke by satellite video from the White House’s Rose Garden. He reinstated and expanded the “Mexico City policy” — which prohibits U.S. foreign aid from going to groups that perform or promote abortion. He signed legislation overturning an Obama-era regulation that prohibited states from defunding abortion service providers.

.. Indeed, Trump has arguably done more in his first year in office to protect life and religious freedom than any modern president. Little wonder that religious conservatives stick with him despite the Daniels revelations. This is not to say that Christians don’t think a culture of fidelity is important. But the culture of life is important too. So is a culture that is welcoming to religious believers rather than waging war on them.

No one upholds Trump as moral exemplar. He is not the most religious president we have ever had, but he may be the most pro-religion president. Christian conservatives are judging Trump not by his faith, but by his works. And when it comes to life and liberty, his works are good.

Stormy Daniels describes her alleged affair with Donald Trump

In May 2011, Daniels agreed to tell her story to a sister publication of In Touch magazine for $15,000 dollars. Two former employees of the magazine told us the story never ran because after the magazine called Mr. Trump seeking comment, his attorney Michael Cohen threatened to sue. Daniels says she was never paid, and says a few weeks later, she was threatened by a man who approached her in Las Vegas.

.. Stormy Daniels: I was in a parking lot, going to a fitness class with my infant daughter. T– taking, you know, the seats facing backwards in the backseat, diaper bag, you know, gettin’ all the stuff out. And a guy walked up on me and said to me, “Leave Trump alone. Forget the story.” And then he leaned around and looked at my daughter and said, “That’s a beautiful little girl. It’d be a shame if something happened to her mom.” And then he was gone.

Anderson Cooper: You took it as a direct threat?

Stormy Daniels: Absolutely.

Stormy Daniels: I was rattled. I remember going into the workout class. And my hands are shaking so much, I was afraid I was gonna– drop her.

Anderson Cooper: Did you ever see that person again?

Stormy Daniels: No. But I– if I did, I would know it right away.

Anderson Cooper:  You’d be able to– you’d be able to recognize that person?

Stormy Daniels: 100%. Even now, all these years later. If he walked in this door right now, I would instantly know.

..

Five years later, Donald Trump won the Republican nomination for president.

Stormy Daniels: Suddenly people are reaching out to me again, offering me money. Large amounts of money. Was I tempted? Yes– I struggle with it. And then I get the call. “I think I have the best deal for you.”

Anderson Cooper: From your lawyer?

Stormy Daniels: Yeah.

The deal was an offer not to tell her story. It came from Mr. Trump’s attorney Michael Cohen. In return for signing this non-disclosure agreement, Cohen would pay her $130,000 dollars through a Delaware-based limited liability corporation he had established in mid-October 2016 called essential consultants. Daniels says the agreement was appealing because it meant she would receive some money but also not have to worry about the effect the revelation of the affair would have on her child who was now old enough to watch the news. She signed the agreement eleven days before the election.

Anderson Cooper: Was it hush money to stay silent?

Stormy Daniels: Yes. The story was coming out again. I was concerned for my family and their safety.

Anderson Cooper: I think some people watching this are going to doubt that you entered into this negotiation– because you feared for your safety. They’re gonna think y– that you saw an opportunity.

Stormy Daniels: I think the fact that I didn’t even negotiate, I just quickly said yes to this v– very, you know, strict contract. And what most people will agree with me extremely low number. It’s all the proof I need.

Anderson Cooper: you feel like if you had wanted to go public, you could have gotten paid a lot of money to go public–

Stormy Daniels: Without a doubt. I know for a fact. I believe, without a shadow of a doubt, in my heart, and some people argue that I don’t have one of those, but whatever, that I was doing the right thing. I turned down a large payday multiple times because one, I didn’t wanna kiss and tell and be labeled all the things that I’m being labeled now

.. 15 months after she signed the non-disclosure agreement, in January 2018, the Wall Street Journal published this story, quoting anonymous sources, saying that Mr. Trump’s attorney Michael Cohen had paid her for her silence. Daniels says she was not the source of the story. But once it was published, she says she was pressured by her former attorney and former business manager to sign statements that Michael Cohen released publically, denying she’d had an affair with Mr. Trump.

.. Anderson Cooper: So you signed and released– a statement that said I am not denying this affair because I was paid in hush money I’m denying it because it never happened. That’s a lie?

Stormy Daniels: Yes.

Anderson Cooper:  If it was untruthful, why did you sign it?

Stormy Daniels: Because they made it sound like I had no choice.

Anderson Cooper: I mean, no one was putting a gun to your head?

Stormy Daniels: Not physical violence, no.

Anderson Cooper:  you thought that there would be some sort of legal repercussion if you didn’t sign it?

Stormy Daniels: Correct. As a matter of fact, the exact sentence used was, “They can make your life hell in many different ways.”

Anderson Cooper: They being…

Stormy Daniels: I’m not exactly sure who they were. I believe it to be Michael Cohen.

.. Trevor Potter: It is. If he was then reimbursed by the president, that doesn’t remove the fact that the initial payment violated Cohen’s contribution limits. I guess it mitigates it if he’s paid back by the candidate because the candidate could have paid for it without limit.

.. Anderson Cooper: Michael Cohen has said, “Look, this had nothing to do with the election.” He would’ve made this agreement months before.

Michael Avenatti: So why didn’t he? It just slipped his mind? It’s just a coincidence that, in the waning days of the campaign, he thought to himself, “Oh, you know, I know I’ve been thinkin’ about this for years. Perhaps now is a good time to get that NDA executed with Stormy Daniels.”

.. He also says the non-disclosure agreement Stormy Daniels signed in 2016, when she was represented by a different lawyer, was FedExed to Cohen at his Trump Organization office in Trump Tower in New York.

.. The cover letter from Daniels’ previous attorney also identifies who he thought Michael Cohen was working for.

Michael Avenatti: To Mr. Cohen as executive vice president and special counsel to Donald J. Trump, the Trump Organization, again– listing the 5th Avenue address. this idea that there’s a separation now between Mr. Cohen, individually, and the Trump Organization or Mr. Cohen, individually, and Donald Trump, it– it– it’s nonsense.

.. Michael Avenatti: This is about the cover-up. This is about the extent that Mr. Cohen and the president have gone to intimidate this woman, to silence her, to threaten her, and to put her under their thumb. It is thuggish behavior from people in power. And it has no place in American democracy.

.. Avenatti points to this recent court filing in which the president’s lawyers claim Daniels is already liable for damages “in excess of $20 million” for unspecified violations of her non-disclosure agreement. And in that article in Vanity Fair this past week, Michael Cohen said that when he wins damages from Stormy Daniels, “I might even take an extended vacation on her dime.”

Anderson Cooper: You’re saying they’re tryin’ to intimidate her.

Michael Avenatti: There’s no question. You threaten someone– with a $20 million lawsuit, it’s a thuggish tactic. It’s no different than what happened in the parking lot in Las Vegas.

.. Anderson Cooper: You seem to be saying that she has some sort of text message, or video, or– or photographs. Or you could just be bluffing.

Michael Avenatti: You should ask some of the other people in my career when they’ve bet on me bluffing.

.. Anderson Cooper: In college and law school, you did opposition research for Democratic political operative Rahm Emanuel. Some people looking at that would say you’re politically motivated,

.. Anderson Cooper: As a prosecutor, you wanna get leverage over somebody that you could then use to get them to give you other information on which–

.. Anderson Cooper: Paul Manafort has been charged with crimes that don’t have anything to do with Russia in some cases.

Trevor Potter: Well, and that certainly preceded the campaign. And so– clearly, the Justice Department, the deputy attorney general who is ultimately in charge of this, has determined that looking at what Manafort did in other contexts– is relevant to the investigation. And I think you can say exactly the same thing about Cohen. He was– involved– indisputably with Trump Organization activities with Russia and negotiations with the Russians. Mr. Cohen is in the middle of a place that’s of great interest to the Special Counsel.

Anderson Cooper: Is there any recent precedent for p– prosecuting somebody for an undisclosed campaign contribution?

Trevor Potter: As it happens, there is. There’s sort of a pretty spectacular one.

Former Senator John Edwards was prosecuted, but never convicted, for payments a supporter and his campaign finance chairman made a year before the 2008 election to a woman who’d had Edwards’ child.

.. Anderson Cooper: But come on. You would not sign statements one, two, three times about something which you knew to be a lie.

Michael Avenatti: If the President of the United States’ fixer made it clear to me, either directly or indirectly, that I needed to sign it, and I was in the position of Stormy Daniels, I might sign those statements

Stormy Daniels: I felt intimidated and s– honestly bullied. And I didn’t know what to do. And so I signed it. Even though I had repeatedly expressed that I wouldn’t break the agreement, but I was not comfortable lying.

Anderson Cooper: How do we know you’re telling the truth?

Stormy Daniels: ‘Cause I have no reason to lie. I’m opening myself up for, you know, possible danger and definitely a whole lot of s***.   

.. Anderson Cooper: Jenna Jameson– another well-known– adult film actress said recently about you, “The left looks at her as a whore and just uses her to try to discredit the president. The right looks at her like a treacherous rat. It’s a lose-lose. Should’ve kept her trap shut.”

Michael Avenatti, the adrenaline-fueled lawyer taking on President Trump

That setback in 2012 now serves as a parable of resilience in the legend Avenatti has been crafting about himself — both with a string of multimillion-dollar jury verdicts and with his brash, almost nonstop cable news appearances.

.. It is another big bet for an attorney with an enormous appetite for risk whose roster of courthouse adversaries includes mega-corporations, as well as celebrities, such as Paris Hilton and Jim Carrey.

“He is an adrenaline junkie,” says Jonathan Turley, who taught Avenatti at George Washington University’s law school and has stayed in touch since his former student earned his law degree. “I think he needs that adrenaline rush. He lives his life aggressively. In both litigation and in life he shows a certain aggressive style.”

.. The next he’s delving into entrepreneurial pursuits, such as buying Tully’s, a struggling Seattle coffee-shop chain, or blasting around a track while competing as a driver in a professional racecar circuit, sometimes hitting speeds of up to 195 MPH. The main photograph on his website depicts him in a race suit, rather than a business suit.

.. “Initially, I was very skeptical about getting involved because I, much like many Americans, had preconceived notions about Stormy Daniels and her motivations and what she is all about,” Avenatti says.

It took him only about 20 minutes to decide that she was credible, he says, although he won’t reveal what led him to that conclusion.

.. Avenatti’s foil in the Daniels melodrama has been Trump’s lawyer, Michael Cohen, as much as the president.

.. Avenatti has been daring Cohen to appear on television with him to discuss the case. He recently used an enlarged photograph of Cohen as a propduring a contentious appearance on CNN with Cohen’s attorney, David Schwartz.

..  But Avenatti is arguing a broader case about the integrity of the president and his legal team — and drawing from a well-honed playbook of using media appearances as an integral part of his strategy.

.. Brian Panish, a prominent plaintiffs attorney who has worked on cases with Avenatti, compares his former colleague to William Ginsburg, Monica Lewinsky’s attorney famous for appearing on all the Sunday talk shows on the same day during President Clinton’s White House-intern sex scandal. It spawned the term “the full Ginsburg.”

.. his father was unexpectedly laid off, and the son went to work to earn tuition money by doing opposition political research on Republicans and Democrats for a firm owned by Rahm Emanuel

.. His cases included a $10 million defamation lawsuit, which ended in a confidential settlement, that he filed on behalf of a socialite client against Paris Hilton. He was also on the team of lawyers who sued Trump and the producer of “The Apprentice” on behalf a man who said they stole his idea for the hit show. The case ended in a settlement.

.. Avenatti says he’s been lead counsel on $1 billion worth of verdicts and settlements. The biggest, by far, came last year when he won a $454 million jury verdict in a case against Kimberly-Clark and Halyard Health related to claims that the companies knowingly sold defective surgical gowns that were not impermeable to Ebola and HIV, despite representations that they were.

.. Avenatti has also been engaged in a heated financial dispute with a former law partner who’d sued saying he was owed millions in unpaid fees. At a court hearing , a lawyer for one side characterized the level of acrimony as “unbelievable.” But the partners have now settled the case and are back on speaking terms, and Avenatti — employing a few four-letter words, as he is wont to do — says the portrayal of the squabble has been “overblown.”