# Trump sued by Stormy Daniels over hush payment

**URL:** <https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163>\
**Category:** Politics & Elections\
**Created:** [March 7, 2018, 2:36am UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163 "2018-03-07T02:36:56Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\
**Post date:** [March 7, 2018, 5:24pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/21 "2018-03-07T17:24:33Z")

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> [@iiandyiiii](#):
>
> This is a hilarious situation when I step back. By engaging with this (i.e. trying to enforce the contract), Trump’s team will be admitting that it’s true. By not engaging, Stormy can say whatever she wants, and probably release any texts or pics she has if she wants.

Trump is too stupid to keep his mouth shut, so this isn’t over yet.

Stormy for president.

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**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\
**Post date:** [March 7, 2018, 5:28pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/22 "2018-03-07T17:28:45Z")

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> [@Merneith](#):
>
> I think she’s saying that the other side broke the contract when Michael Cohen shot his mouth off. Therefore, she’s free to talk because the contract is already broken, and it was void anyway.
> 
> I don’t think that means that she needs to forfeit her payment, because she’s not the one who broke the contract. At least, I think that’s her argument.

A third party disclosure does not obviate a non-disclosure agreement between two parties; Clifford is still ostensibly required to honor the restrictions of the NDA, but of course, in order to challenge her the offended party would have to specify the provisions of the NDA that were violated which would go in the court recrod, which kind of negates the entire point of an NDA intended to prevent public disclosure of private information.

> [@RTFirefly](#):
>
> So, does disclosing the NDA itself violate the NDA? I have a hard time imagining that it was written in such a way. But the NDA itself is pretty juicy, as **Merneith** just noted.

Some NDAs are written to limit even public disclosure of the NDA, which obviously complicates enforcement of the agreement without making information public. However, there is also the issue that an NDA cannot technically be used to conceal elements of a serious criminal act or conspiracy from prosecutorial investigation or exculpatory disclosure, which should void it. In this case, the presumptive agreement between Clifford and Trump (or Trump’s attourney) was really basically legitimizing a payoff in what could be construed as potential blackmail, and if the payment was not directly tied to the terms of the NDA, it is possible that Clifford could be sued for violating the NDA per se but not obligated to return the payment. She may still be liable for damages resulting from disclosure of information covered by the NDA, but Trump or Cohen is going to have to specify what information she revealed which violated the agreement and how it damages the reputation of Trump, which just invites more attention to the matter. #StupidSenselessWatergate

Stranger

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**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\
**Post date:** [March 7, 2018, 5:31pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/23 "2018-03-07T17:31:01Z")

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It would be unlikely she still has texts or pictures from 2006 , that was before smart phones took off with the iphone in 2007. She probably had a flip phone then.

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**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\
**Post date:** [March 7, 2018, 5:33pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/24 "2018-03-07T17:33:09Z")

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> [@Morgenstern](#):
>
> Stormy for president.

[”When you elect Trump, you get a Stormy.”](https://m.youtube.com/watch?v=wVWwfBafVfc)

Stranger

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**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\
**Post date:** [March 7, 2018, 5:45pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/25 "2018-03-07T17:45:13Z")

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> [@Bijou\_Drains](#):
>
> It would be unlikely she still has texts or pictures from 2006 , that was before smart phones took off with the iphone in 2007. She probably had a flip phone then.

Flip phones had cameras. It wouldn’t have been hard to save pictures from such a device if one wanted to.

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**Author:** ![Inigo\_Montoya](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inigo_montoya/32/124_2.png) [@Inigo\_Montoya](https://boards.straightdope.com/u/Inigo_Montoya)\
**Post date:** [March 7, 2018, 6:05pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/26 "2018-03-07T18:05:34Z")

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> [@Stranger\_On\_A\_Train](#):
>
> At this point I’d really like to hear the political commentary as presented in a discussion between Amber Nash, Judy Grier, and Aisha Tyler, which would be more useful than anything on CNN or MSNBC.
> 
> Stranger

“Holy shit snacks!” Yeah, I’m just gonna leave that one out there.

But really, a contract that goes:

1. Boy and girl bump uglies for noncinematic purposes (please tell me it wasn’t filmed!)
2. Girl gets paid on behalf of boy for issues associated with the ugly-bumping

is not prostitution because, why exactly? I mean, if that works, then what’s to stop every John from having his hooker sign a NDA for the absolutely free and consensual intercourse which is the foundation of their relationship?

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**Author:** ![Robot\_Arm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/robot_arm/32/18280_2.png) [@Robot\_Arm](https://boards.straightdope.com/u/Robot_Arm)\
**Post date:** [March 7, 2018, 6:08pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/27 "2018-03-07T18:08:41Z")

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> [@iiandyiiii](#):
>
> This is a hilarious situation when I step back. By engaging with this (i.e. trying to enforce the contract), Trump’s team will be admitting that it’s true. By not engaging, Stormy can say whatever she wants, and probably release any texts or pics she has if she wants.

Plus, Trump’s MO has always been to get what he wants up front, with the promise that he’ll fulfill his side of the agreement later. It would be ironic to see him fall prey to the same tactic.

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**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\
**Post date:** [March 7, 2018, 9:46pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/28 "2018-03-07T21:46:58Z")

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I personally prefer Trump’s downfall be the result of American citizens undergoing a significant political maturation, but this will do.

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**Author:** ![Lightnin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lightnin/32/180_2.png) [@Lightnin](https://boards.straightdope.com/u/Lightnin)\
**Post date:** [March 7, 2018, 10:16pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/29 "2018-03-07T22:16:43Z")

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> [@Bijou\_Drains](#):
>
> It would be unlikely she still has texts or pictures from 2006 , that was before smart phones took off with the iphone in 2007. She probably had a flip phone then.

Apparently, she’s claiming she’s got a [“Lewinsky Dress”](http://www.dailymail.co.uk/news/article-5395975/Stormy-kept-Lewinsky-dress-alleged-Trump-affair.html) with his… um… DNA on it.

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**Author:** ![Inigo\_Montoya](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inigo_montoya/32/124_2.png) [@Inigo\_Montoya](https://boards.straightdope.com/u/Inigo_Montoya)\
**Post date:** [March 7, 2018, 10:17pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/30 "2018-03-07T22:17:55Z")

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> [@Lightnin](#):
>
> Apparently, she’s claiming she’s got a [“Lewinsky Dress”](http://www.dailymail.co.uk/news/article-5395975/Stormy-kept-Lewinsky-dress-alleged-Trump-affair.html) with his… um… DNA on it.

Heh, I must sell a dozen of those a week to tourists.

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**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\
**Post date:** [March 7, 2018, 10:38pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/31 "2018-03-07T22:38:11Z")

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all this does is show what everyone already knew , that he cheated on his wives. Same as Clinton with Lewinski, we knew he was cheating before he was elected since he admitted it.

The campaign finance issue could be a problem but as was stated above they tried that with Edwards and it did not work but it could with a different case.

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**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\
**Post date:** [March 7, 2018, 10:53pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/32 "2018-03-07T22:53:12Z")

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> [@up\_the\_junction](#):
>
> It’s a contract. The contract is executed not on signing but when something of value passes. One side passed the money the other agreed to keep quiet.
> 
> She’s contesting the done deal for publicity; for money, presumably there will be a book, maybe a film, lots and lots of media deals.

But to [(mis)quote Samuel Goldwyn](https://en.wikiquote.org/wiki/Contract), who knew a thing or two about both movie actors and contracts, “A verbal contract isn’t worth the paper it’s written on.”

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**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\
**Post date:** [March 7, 2018, 11:07pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/33 "2018-03-07T23:07:59Z")

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Her lawyer is a pretty big name guy who worked in the past for a very big high status law firm .

[Michael Avenatti - Wikipedia](https://en.wikipedia.org/wiki/Michael_Avenatti)

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**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\
**Post date:** [March 7, 2018, 11:10pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/34 "2018-03-07T23:10:18Z")

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> [@Crotalus](#):
>
> One of Trump’s primary tools as a bully and a conman has been to threaten to sue. It seems to me that going forward with a lawsuit against Stormy Daniels would be, for various reasons, more damaging to Trump than anything that is going on except for the Mueller investigation.

Stormy Daniels is a prostitute with literally nothing to lose, and is likely just as venal and cunning in her own way as Trump is. She has discovered the crack in the NDA armor: As President, publicity _about_ the NDA could gain, for her, a multiple of the $130,000 she already collected. So why not sue? By suing, you put it in the news, you raise your brand recognition beyond all expectations, you appear on content channels you would never have before, you become a national name.

She even doesn’t need to win the lawsuit, for a prostitute/adult film star she has gained a lifetime of clients who will ask “do to me what you did to Trump” to which she will respond “That’s $2,000, 2-hour max.” And even if _that_ is disallowed\*, there are plenty of conservative men who would still love to go where their President has come before.

Just by doing this, she is now the #1 adult film star in the country in terms of name recognition outside the industry. If she stays in her line of work, her future is assured.

Well played, Ms. Daniels.

\*That’s the lawsuit I’m looking forward to, Trump suing Stormy for selling “Do Me Like Donald” trysts for $2k a pop.

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**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\
**Post date:** [March 7, 2018, 11:17pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/35 "2018-03-07T23:17:07Z")

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> [@Bijou\_Drains](#):
>
> all this does is show what everyone already knew , that he cheated on his wives. Same as Clinton with Lewinski, we knew he was cheating before he was elected since he admitted it.
> 
> The campaign finance issue could be a problem but as was stated above they tried that with Edwards and it did not work but it could with a different case.

The big issue is… what if she wins? You think Ivana and Marla didn’t have their lawyers take a look at the Daniels filing? You think they may be looking at their NDA’s in a new light now… “Now that he is President, how can I use this thing to destroy this thing?”

I think they are. Lord knows _I_ would.

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**Author:** ![Anny\_Middon](https://avatars.discourse-cdn.com/v4/letter/a/bc79bd/32.png) [@Anny\_Middon](https://boards.straightdope.com/u/Anny_Middon)\
**Post date:** [March 7, 2018, 11:17pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/36 "2018-03-07T23:17:08Z")

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> [@Merneith](#):
>
> I note that Marshall highlights the line in the agreement which stipulates that Daniels can’t share any “still images” from her time with Donald, which raises the spectre of Presidential Dick Pics.

IIRC she’s claiming that he had her spank him with a copy of Forbes magazine\*. So the still images could be Presidential Rosy Cheeks.

- I’d say this was fairly pedestrian sexplay, but AIUI the magazine in question was an issue that had his picture on the cover. That makes the incident just creepy.

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**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\
**Post date:** [March 7, 2018, 11:22pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/37 "2018-03-07T23:22:12Z")

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> [@Anny\_Middon](#):
>
> IIRC she’s claiming that he had her spank him with a copy of Forbes magazine\*. So the still images could be Presidential Rosy Cheeks.
> 
> - I’d say this was fairly pedestrian sexplay, but AIUI the magazine in question was an issue that had his picture on the cover. That makes the incident just creepy.

Exactly. In the future, Stormy would be wise to have a copy of Forbes Magazine on her at all assignments. If she could get a reproduction of the original (even just the cover), so much the better.

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**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\
**Post date:** [March 7, 2018, 11:35pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/38 "2018-03-07T23:35:04Z")

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From what I recall Marla and Ivana don’t have a big problem with Trump now. They both went to the inauguration and Ivana endorsed him for president. Marla went to the GOP 2016 convention , partly because Tiffany was speaking there.

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**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\
**Post date:** [March 7, 2018, 11:54pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/39 "2018-03-07T23:54:42Z")

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Marla, Ivana, disgruntled contractor #284, prostitute #32, Melania… somebody will be watching this case very closely.

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**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\
**Post date:** [March 7, 2018, 11:56pm UTC](https://boards.straightdope.com/t/trump-sued-by-stormy-daniels-over-hush-payment/810163/40 "2018-03-07T23:56:09Z")

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> [@Anny\_Middon](#):
>
> So the still images could be Presidential Rosy Cheeks.

Do not need the imagery!

Stranger

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