A lawyer for adult film star Stormy Daniels filed a renewed motion seeking an expedited jury trial as well as to depose President Trump and Trump’s personal lawyer Michael Cohen about a $130,000 payout from Cohen to Daniels.
On March 29, a judge ruled the earlier motion “premature” because lawyers for Trump and Essential Consultants — a corporation set up by Cohen to sign the agreement with Daniels — had not yet filed an anticipated motion to compel arbitration. In early April, Trump and Cohen asked a federal judge to order private arbitration instead of a jury trial.
“Plaintiff’s motion is ripe for decision,” said Sunday filing, since the “motion to compel arbitration has been filed.”
The renewed motion requests an expedited trial to determine the validity of the non-disclosure agreement with Daniels, which she wants to nullify. It also seeks:
- A deposition of Trump
- A deposition of Cohen
- No more than 10 “targeted requests for production of documents directed to Mr. Trump and Mr. Cohen” on topics related to the settlement agreement
Daniels, whose legal name is Stephanie Clifford, claims she had a sexual liaison with Trump in 2006.The payout and non-disclosure agreement came just before the 2016 election.
The White House denies that Trump had an affair with Daniels. Cohen, who also has denied the affair on behalf of Trump, said he paid Daniels with his own money. Earlier this month, Trump told reporters he didn’t have knowledge about the $130,000 payment.
Emails to the Trump administration for comment Sunday night weren’t immediately returned.
President Donald Trump says he didn’t know about a $130,000 payment his personal attorney made to an adult film actress who alleges they had an affair. (April 5)
Daniels claims the non-disclosure agreement is invalid because Trump never signed it and because it had no legal purpose.
“We are confident that when the Court decides our motion on the merits, the Court will agree that both discovery and a trial are warranted,” Avenatti told USA TODAY via email Sunday. “The Defendants’ counsel have made fundamental blunders that are going to cost their clients.”
Contributing: John Bacon
Read or Share this story: https://usat.ly/2qm4iVR