General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSo what's the penelty if Stormy violates the Hush deal?
Let's say she loses in court and publishes her account of sex with Trump anyway. What's the worst that can happen to her? It her worst case scenario is having to give back her $130,000 bribe for silence, then she has already played this to perfection; she gets rich and Trump gets screwed (metaphorically this time). Coverage of White House press briefings and upcoming court battles have already guaranteed that her expose now will be worth multiples of what Trump's lawyer funneled to her for her silence. It could have been even more except the National Enquirer, a Trump rag, won't pay to publish it. But they may pay big time for the exclusive rights to the story just so they can bury it.
My guess is that even if Stormy loses in court and has additional fines tacked onto the $130,000 she would have to give back for revealing what she knows, she still comes out financially ahead by releasing her story. It's hard to see how she loses under any circumstances by eventually telling all, but even if I am missing something Stormy has already won. She's an over the hill porno star in an industry where youth rules - but her new found notoriety has just granted her a few more years of good pay days making personal appearances on national tours.
Billb93
(22 posts)I believe that she will have pay a million dollars id she breaks the NDA.
Lochloosa
(16,076 posts)lark
(23,182 posts)While they would probably make me sick and laugh at the same time, I want these freaking evangelicals to have to live with the pictures of the sin they love to support, proving their total hypocricy for all time. RW Religion will really take a beating that is so richly deserved.
yellerpup
(12,254 posts)I forget what show, BUT the penalty for breaking the agreement is that the contract entitles Trump to $1M bucks for every time she speaks about it publicly.
Tom Rinaldo
(22,918 posts)Depending on how they have the clause written, it might be worth 1.2 million to some broadcasting or publishing entity to interview her once. A broadcaster could air it more than once and a publisher could serialize it.
yellerpup
(12,254 posts)The trouble is Stormy gave interviews back in 2011 about the whole beginning of the affair to a magazine that never published the story. She didn't sign the NDA until 2016!
Zoonart
(11,894 posts)will back her play.
GusBob
(7,286 posts)The supposed arbitration says there is a restraining order and penalties
What happens if she violates the order?
dumbcat
(2,120 posts)Read a little. (Hint: One million dollars per occurrence.)
bluestarone
(17,101 posts)That's very costly. I hope she succeeds in the Cal. lawsuit!! THEN this could get very interesting!!!!!
avebury
(10,953 posts)breaking the NDA then she should have one major public talk about the relationship and show/release every piece of evidence that she has on him. She might as well get her money's worth of revenge. She could probably find someone willing to pay her enough to cover the penalty.
LanternWaste
(37,748 posts)As per a New York mag story I read yesterday, she would have to pay $1 million for each breach, but that the sum is so disproportional to the original sum payed out, it would be difficult to justify to a civil court, and would most likely not be enforced.
What's I find telling is that the hush agreement says Clifford has confidential information related to Trump, which includes information, certain still images and/or text messages. So that points to some pretty naughty stuff of Trump's on her phone that she's (maybe) keeping as insurance.
If the court finds either the contracts terms, or the circumstances of the contracts formation were far more favorable to Trump (or Cohen) than they were to Clifford, theres a good chance the court will refuse to enforce the entire contract, regardless of what it may contain (typically, courts will refuse to enforce contracts if either the terms of the contract are patently unfair to one party, or if there is some kind of serious power differential between the parties)
Tom Rinaldo
(22,918 posts)DemocratSinceBirth
(99,718 posts)I doubt Trump wants to spend his remaining years chasing a porn star for money with all the bad publicity it will bring.
BoneyardDem
(1,202 posts)But in usual double talk fashion, Trump is stating he didn't sign anything, didn't have an affair. So there is no agreement.
Any outlet wanting a full disclosure of her long and sordid story may be worth more than $1M to the right outlet. If the penalty is $1M for each disclosure event, she only need do it once to the right source and may get paid more than enough to cover the fine. Just one well served, detailed photo would be worth $1M to some outlets.
Then there is the idea that she may not pay the fine, even if the language exists in an agreement Trump claims not to have signed. They would take her to court and the story would come out publicly anyway. How does Trump win this fight?
To have a Presidency brought down by a porn star is almost too delicious to contemplate, but a person can dream.