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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsREAD Avenatti's 31-page "Motion For Expedited Jury Trial." This man is not messing around.
The tweet:
@MichaelAvenatti
Here is a link to the detailed pleading we filed in support of the motion.
Link to tweet
The document:
https://www.dropbox.com/s/yqnwbycsnsamf6b/Memo%20of%20Points%20and%20Authorities.pdf
EXCERPT:
Second, Plaintiff seeks an order granting her leave to conduct limited expedited discovery in connection with opposing ECs forthcoming Petition to Compel Arbitration and to present evidence in support of her position at the aforementioned trial pursuant to 9 U.S.C. § 4.Specifically, Plaintiff requests: (1) a deposition of Mr. Trump of no greaterthan two (2) hours, (2) a deposition of Mr. Cohen of no greater than two (2) hours, and (3) no more than ten (10) targeted requests for production of documents directed to Mr. Trump and Mr. Cohen on various topics relating to the Agreement.
exboyfil
(17,862 posts)The blood is in the water. Strike while the iron is hot. NDAs have suddenly become very unpopular with the public. I would roll the dice after offshoring my assets.
Kirk Lover
(3,608 posts)Miles Archer
(18,837 posts)First, Cohen and his goons have repeatedly attempted to make Avenatti blink.
The man has not blinked. Not once. He MIRRORS their arrogance and throws it right back in their faces, with a SMILE on HIS face.
They've never seen this, WE'VE never seen this. Trump's entire life has been about threats and intimidation and the other party eventually backing down.
He writes a check and they go away. Or he simply threatens to "ruin their lives." Maybe a combination of both.
Second, Trump has to walk on eggshells with this, because he IS married. Yeah, there's probably a pre-nup. But eventually, every dam is capable of bursting.
Kirk Lover
(3,608 posts)Cohen and the Corrupters making threats.
Nitram
(22,794 posts)Miles Archer
(18,837 posts)I'm not a legal expert, but my assumption is that it would have to explicitly reference the consequences of infidelity on Trump's part.
Nitram
(22,794 posts)pre-nup. By the same token, I assume illegal activity (prostitution, adultery) would invalidate terms of the agreement that would protect Trump from financial loss to his wife.
tazkcmo
(7,300 posts)I know adultery is an infraction for officers under the UCMJ as in conduct unbecoming of an officer necayse I've seen a full bird Colonel ruin his career due it.
Not snark, btw.
Nitram
(22,794 posts)any more. I suspect these laws are only enforced when a spouse presses charges.
1. Arizona
Getting it on with someone other than your spouse is a Class 3 misdemeanor here, punishable by up to 30 days behind bars. And not only will the spouse be penalized but also the other person (now that's justice!).
2. Florida
In a place where bathing suits are the dress code, how can eyes not wander? Still, he should keep his hands to himself: Floridian adulterers can spend up to two months in jail and be charged up to $500.
3. Kansas
"Intercourse or sodomy" with someone other than your spouse is a Class C misdemeanor here, punishable by up to a month in jail and a fine of up to $500. Remember, Kansas couples: There's no place like home.
4. Illinois
Frank Sinatra probably wouldn't consider Chicago "His Kind of Town" if he knew about this state law. The consequences for adultery in Illinois is up to a year in jail for both cheaters.
5. Massachusetts
Straying in the Bay State is a wicked bad idea. It's considered a felony with a fine of up to $500 and a jail sentence of up to three years.
6. Oklahoma
If Oklahoma native Dr. Phil's anti-cheating advice doesn't persuade him, perhaps this will: Not only do adulterers face fines of up to $500 but also incarceration for up to five years.
7. Idaho
The penalty for cheating in Idaho is no small potatoes: Adultery is a felony that comes with a fine of up to $1,000 and as much as three years in jail.
8. Michigan
It's a felony and a Class H offense to two-time your spouse here, but the price for your crime is "jail or other intermediate sanction," according to the State of Michigan Sentencing Guideline Manual. With an unclear consequence like that, it's not worth it to succumb to temptation.
9. Wisconsin
Cheating cheeseheads better be rich. Those caught may need to cough up a whopping $10,000. Oh, and the possible three years behind bars doesn't sound fun, either.
10. Minnesota
The law for adultery in Minnesota is just as cold as the state itself. If you're caught cheating, you can be fined up to $3,000 and imprisoned for as long as a year.
11. Utah
We're not sure how the state's famous polygamists are free men, but infidelity can land you a sentence of up to 6 monthswith a fine of up to $1,000.
12. New York
Sleeping around in the city that never sleeps, or anywhere else in the Empire State, for that matter, could result in as long as 3 months of jail time.
13. Mississippi
Vow-breakers better pray the system treats its inmates to Southern hospitality. The Mississippi statutes say that cheaters "shall be fined in any sum not more than $500 each, and imprisoned in the county jail not more than six months."
14. Georgia
Be a peach to your partner to avoida fine of up to $1,000 or a jail sentence of up to a year.
15. South Carolina
Cheating here can send you to the slammer for anywhere from six months to a year, or could get you a fine between $500 to $1,000.
16. North Carolina
This southern state isn't as hard on their cheaters. The unfaithful spend no more than 30 days in lockup.
And then there's Maryland:
Where you could go on a movie date or cheat on your spouse for the same price. The fine for betraying your beloved is only $10 here.
tazkcmo
(7,300 posts)Thank you for that list! I'm astounded at it's very existence in the 21st century and completely floored by the length of the list! That's why I gave the "no snark" disclaimer because this isn't the first time (or the last time) I've learned something by asking a seemingly silly question. Thank you again.
Ms. Toad
(34,069 posts)A contract for an illegal purpose is void ab initio. (you agreed to do illegal stuff - you're on you're own)
Performance can be excused if, after the formation of the contract, the subject matter of the contract becomes illegal. (the court will not force you to do illegal stuff)
It does not follow that engaging in illegal behavior that is not expressly prohibited by the contract will excuse performance (a civil court enforcing an agreement that does not address the illegal activity doesn't care if you - generally - are a bad person. It cares whether you did what you said you would do.)
(That's a 10,000 foot view of contracts and illegalities - there are lots of subtleties involved when you zoom in.)
zaj
(3,433 posts)If he speaks, it will be to lie and deny her claims. As soon as he does that, Stormy can sue for defimation. That will bring the case out of arbitration.
If Trump does this, it screws everything up.
Kirk Lover
(3,608 posts)not the same thing as it coming directly out of his anus mouth?
zaj
(3,433 posts)Good question
NastyRiffraff
(12,448 posts)that for the first time, there is no "White House." At least none that can be used as a reliable source of information/statements. The WH staff, including the Press Secretary, has no idea what Trump is thinking at any moment, and it could change at any moment. Therefore, any statement put out by the "White House" cannot be relied on.
Has anyone noticed that Sarah Sanders is increasingly uncomfortable and belligerent? She knows what she is saying has absolutely no value.
Kirk Lover
(3,608 posts)tazkcmo
(7,300 posts)He pointed out that a case could be made that SHS speaks for the Shitgibbon so the defimation has already occured when she said he denies it happened.
njhoneybadger
(3,910 posts)Attack Attack Attack
kiri
(794 posts)the OP gave this link:
https://www.dropbox.com/s/yqnwbycsnsamf6b/Memo%20of%20Points%20and%20Authorities.pdf?dl=0
Note the coding at the end ?dl=0.
This prevents the file from d/l or gives a corrupt file that cannot be opened.
Use the file first above, then it resides on your HD and reads perfectly with any pdf viewer.
Enjoyable reading!
Miles Archer
(18,837 posts)...just removed the "?dl=0" from the original post.
kiri
(794 posts)I converted this to a .doc file. In Word you can copy and excerpt. The formatting/readability are excellent.
It is 132 kB. How can I share it?
It is a beautifully crafted brief.
"At issue is an agreement entitled Confidential Settlement Agreement and Mutual Release; Assignment of Copyright and Non-Disparagment [sic] Agreement (hereafter,the Hush Agreement or Agreement). Plaintiff contends the Hush Agreement was prepared and presented by Michael Cohen, Defendant Donald Trumps personal attorney and fixer, to Plaintiff in an effort to silence Plaintiff (who had an intimate relationship
Election. The Hush Agreement was signed by Plaintiff and by Mr. Cohen on behalf of Defendant Essential Consultants, LLC (EC), an entity formed just weeks before the election. However, it was not signed by Mr. Trump, a party to the Agreement who would owe important contractual obligations to Plaintiff, including a release, covenant not to sue, and representations and warranties, were the agreement fully executed."
C_U_L8R
(45,001 posts)This ought to be good.
EffieBlack
(14,249 posts)I love it.
stonecutter357
(12,697 posts)Generic Brad
(14,274 posts)Trump is being legally attacked on multiple fronts and does not have adequate or competent representation. If this opens up the door to more legal action, it will seriously distract him from Mueller too. Should this country experiences a crisis, he does not have the infrastructure in the White House to deal with that either. His house of cards is beginning to collapse.
Being president is daunting enough. But to have personal legal battles, losing his loyalists, and having his family disintegrate simultaneously is more than most people can bear. Put it all together and we have an occupant in the Oval Office who is going flame out in epic fashion. This will be one for the history books, for sure.
ecstatic
(32,699 posts)I think Jared and/or Jr had a lot to do with that bad decision. They all saw it as a quick money making scheme and got carried away.
FakeNoose
(32,634 posts)... and all their assets will be frozen or forfeited. So much for taking advice from your family!
You know Cheeto has to blame somebody for this mess, it's never his own fault.
"Why did the idiot run" - and why did the GOP make him their nominee? All they had to do was basic 30 minutes of vetting to see that this guy and his entire family is poison. Really just a Google search would have told them that.
ecstatic
(32,699 posts)Nobody could criticize her for doing do, at this point. Take the money (if there actually is any) and run!
Bernardo de La Paz
(49,001 posts)Jarqui
(10,123 posts)- along with those who Mueller has flipped
Now his own personal lawyer is in trouble.
And with other parties, some with NDAs, now contacting Stormy's lawyer, another dam may burst.
Trump basically called all of the women who accused him liars. Avenatti may be showing them the way or helping expose evidence they can use to nail Trump for defamation.
Meanwhile, Melania's lawyer has to be taking stock of all this - potentially wanting to cash in sooner before Trump's empire collapses into a sea of lawsuits and criminal prosecutions.
ecstatic
(32,699 posts)Nitram
(22,794 posts)His legal team could probably find enough evidence in DU posts to keep you off the jury.
rainin
(3,011 posts)He didn't say they were all trumps, so who knows. I wouldn't be surprised.
wishstar
(5,269 posts)on one of cable shows today
NCTraveler
(30,481 posts)IMO, thats the beauty of it.
Wwcd
(6,288 posts)I wouldn't want this man staring me down in any courtroom.
He is exactly the type to go up against Trump.
He knows what he's doing with a jerk like dotard.
MFM008
(19,808 posts)Isnt used to strong pushbacks and in your face confrontation.
He feels entitled and has led pretty much a consequence free life.
Maggot meet another bully.
ENJOY.
IllinoisBirdWatcher
(2,315 posts)Lawyer talk, but very well written so the average citizen (me, not a lawyer) can make total sense of it.
Everybody should read it.