A grab too many?

Mar 9th, 2018 | By
Category: Notes and Comment Blog
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About this lawsuit that Stormy Daniels (Stephanie Clifford) filed to break the NDA: it could be the thing that brings Trump down.

As any longtime legal hand in the capital remembers well, it was a sexual harassment lawsuit brought by an Arkansas state employee, Paula Jones, against Bill Clinton that led to his impeachment for lying about his affair with Monica S. Lewinsky.

The case of the adult film actress, Stephanie Clifford, who uses the stage-name Stormy Daniels, may not get past even the first considerable obstacles. But if her court case proceeds, Mr. Trump and his longtime personal lawyer, Michael D. Cohen, may have to testify in depositions, several lawyers said in interviews on Thursday. Ms. Clifford’s suit could possibly also provide evidence of campaign spending violations, which would bolster a pending Federal Election Commission complaint against Mr. Trump’s campaign.

In a perfect world I’d rather see him fall for even worse things, but on the other hand, there’s a certain poetic justice if it’s the pussygrabbing habit that gets him. Pussy fights back.

David A. Super, a law professor at Georgetown University, said the lawsuit Ms. Clifford filed on Tuesday centered on a limited contract law matter, but he noted that it also specifically stated that Ms. Clifford would amend her complaint in the future to add the names of people who she said participated in wrongdoing with Mr. Trump and Mr. Cohen.

He suggested that Ms. Clifford and her lawyer might be starting with a narrow argument aimed at getting the contract declared invalid, perhaps intending to broaden it later to include claims that Mr. Trump and Mr. Cohen coerced her into silence. “If that happened,” he said, “they certainly could seek to depose Trump.”

And in that case, he said, “I can certainly imagine how it might get broader. And if it did, the wide array of Trump’s sexual interactions could be addressed, just as the wide array of Clinton’s sexual interactions was addressed in the Paula Jones case deposition.”

In an interesting paradox, Ms. Clifford might be unable to sue because of the NDA, but on the other hand if the NDA is so sweeping it amounts to a gag order then it’s invalid.

“If the parties agreed to binding arbitration, they have waived their right to file a lawsuit,” said H. Christopher Bartolomucci, a law partner at Kirkland & Ellis in Washington who previously worked in the White House as associate counsel to President George W. Bush. Ms. Clifford’s signature on the contract, and acceptance of the money, could count as a clear sign of agreement.

But other legal experts were struck by the sweeping nature of the nondisclosure agreement Ms. Clifford signed, and expressed skepticism that it would hold up in court. Beyond the circumstances of the alleged sexual relationship, the agreement barred her from doing anything, even indirectly, to “publicly disparage” Mr. Trump.

“It actually presents a relatively clean issue for the court,” said Lawrence M. Noble, a former top lawyer at the Federal Election Commission who is now the general counsel for the Campaign Legal Center, a watchdog group. “What she signed amounts to a gag order, and she has rights if this agreement is not found to be valid.”

It will be interesting to watch.

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