Re: POTUS 45.42: Who Needs Tax Increases? If You're Rich Just Write A Check.
If Stormy cashed the $130,000 check, I think it's very likely that Trump's missing signature is irrelevant on this type of contract, as she proceeded as though the NDA contract was indeed valid.
Cohen sought, and a California arbiter issued, a restraining order on Daniels pursuant to a clause in the NDA that required disputes to be settled by confidential arbitration. Avenatti contends that the restraining order is invalid, because the contract is invalid, because Trump didn't sign it. (which is by no means a certain argument.) And in fact the very lawsuit Daniels/Avenatti filed to invalidate the NDA, breaks the restraining order as it discloses details of Daniels alleged relationship with Trump. As do Daniels statements and her book, obviously.
A very possible outcome of Daniel's lawsuit over the NDA is that the court finds Trump's signature unnecessary, and send the dispute to confidential arbitration. Which would be bad for Daniels. However, as Trump is President, Avenetti is betting that Trump doesn't want to sue Daniels for the million dollars per incidence of violation the NDA calls for in open court, as politically it is bad press, even for Trump. So if Trump never sues to enforce it, does it really exist? The validity of the NDA itself is complicated, but I'm by no means convinced Daniels and Avenetti are going to win their case. It's certainly not the slam dunk Avenatti is portraying it to be in the press.
Originally posted by burd
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Cohen sought, and a California arbiter issued, a restraining order on Daniels pursuant to a clause in the NDA that required disputes to be settled by confidential arbitration. Avenatti contends that the restraining order is invalid, because the contract is invalid, because Trump didn't sign it. (which is by no means a certain argument.) And in fact the very lawsuit Daniels/Avenatti filed to invalidate the NDA, breaks the restraining order as it discloses details of Daniels alleged relationship with Trump. As do Daniels statements and her book, obviously.
A very possible outcome of Daniel's lawsuit over the NDA is that the court finds Trump's signature unnecessary, and send the dispute to confidential arbitration. Which would be bad for Daniels. However, as Trump is President, Avenetti is betting that Trump doesn't want to sue Daniels for the million dollars per incidence of violation the NDA calls for in open court, as politically it is bad press, even for Trump. So if Trump never sues to enforce it, does it really exist? The validity of the NDA itself is complicated, but I'm by no means convinced Daniels and Avenetti are going to win their case. It's certainly not the slam dunk Avenatti is portraying it to be in the press.
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