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rzemanfl

(29,556 posts)
Wed Mar 7, 2018, 09:35 PM Mar 2018

Isn't it likely a judge would find the Stormy Daniels "hush agreement" void as contrary to

public policy? Her allegation that a presidential candidate had unprotected sex with a porn actress says a lot about his judgment if the allegation is true. Since his lawyer brokered the deal, Stormy should get to keep the money even though it is the product of a meretricious activity.

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Ms. Toad

(34,062 posts)
4. Whether he signed it is irrelevant to the existence of a contract.
Wed Mar 7, 2018, 09:53 PM
Mar 2018

It may be relevant to enforcement (but not likely on a quick scan).

Since, as my students put it, Trump is trying to get her to shut up - the agreement is being enforced against Daniels. She signed it. Whether he did is irrelevant.

In general, agreements are not required to be in writing, and when an agreement is required to be in writing, it is generally only relevant as to whether a court will enforce it - not whether it exists.

I'd love to be the attorney on the other side of this case . . . except that would mean I was working for Trump.

rzemanfl

(29,556 posts)
8. In this case Drumpf allegedly (and quite plausibly) did not sign for the purpose of having
Wed Mar 7, 2018, 10:02 PM
Mar 2018

plausible deniability.

 

EffieBlack

(14,249 posts)
10. If I were her lawyers*, I'd seek discovery of all of his other NDAs to verify whether he signed them
Wed Mar 7, 2018, 10:18 PM
Mar 2018

to determine whether it was his common practice not to sign these agreements.

*I have every confidence that her lawyers have already thought of this and more . . .

 

mythology

(9,527 posts)
2. No, otherwise every similar deal would also be void
Wed Mar 7, 2018, 09:47 PM
Mar 2018

Whether it's women who got a settlement from a government official or from their employer. Yes we would be much better off if when a company or official had a confidential agreement the public knew, but that would risk women (or other victims) from coming forward and facing public harassment.

rzemanfl

(29,556 posts)
9. There are a lot of officials and employers who had sex with porn stars and paid them hush money?
Wed Mar 7, 2018, 10:07 PM
Mar 2018

This is not a harassment situation. If Stormy has anything to hide it would take a surgeon to find it.

rainin

(3,011 posts)
3. If trump's name isn't on it, how would he have legal standing to act
Wed Mar 7, 2018, 09:51 PM
Mar 2018

if she releases information. His name isn't on it and he didn't sign it. Can he claim after the fact that he is a party to the agreement? Can't she just say she didn't release any information about her sex partner named David Denison.

rainin

(3,011 posts)
6. Doh! So much for my theory. haha
Wed Mar 7, 2018, 09:57 PM
Mar 2018

I've heard the penalty for breaking the agreement is $1 million for each instance. Perhaps she could crowdfund $1 million for the penalty.

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