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Stormy Daniels Sues Trump

Started by SGOS, March 07, 2018, 10:22:12 AM

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SGOS

QuoteA former attorney and adviser of Donald Trump stunned “Fox & Friends” anchors on Wednesday with a revelation about a lawsuit filed Tuesday by Stephanie Clifford (aka Stormy Daniels).  Jay Goldberg, who represented the president in both of his divorces, told show hosts that Clifford may have a point that her nondisclosure agreement with Trump is invalid if he didn’t sign it.

“It’s true. An agreement, you need the signature of both parties,” he said. “And if there’s no signature by him, it’s not valid.”  Goldberg added that courts tend to look at “nondisclosure agreements” skeptically “because it impairs negatively on the right of free speech.”
The whole thing about Trump not signing the agreement puzzles me greatly.  Any agreement between two parties requires signatures.  Can someone come up with an exception?  The agreement even provides a space for Trump's alias, David Dennison, to sign.  How could you possibly not sign such an agreement designed to include your signature?

Afraid of leaving a paper trail that would allow your attorney to collect a debt of $130,000?

Afraid of leaving a paper trail that ties you to personally damaging behavior?

Sloppy legal work?


Cavebear

Quote from: SGOS on March 08, 2018, 10:12:54 AM
The whole thing about Trump not signing the agreement puzzles me greatly.  Any agreement between two parties requires signatures.  Can someone come up with an exception?  The agreement even provides a space for Trump's alias, David Dennison, to sign.  How could you possibly not sign such an agreement designed to include your signature?

Afraid of leaving a paper trail that would allow your attorney to collect a debt of $130,000?

Afraid of leaving a paper trail that ties you to personally damaging behavior?

Sloppy legal work?

Yes, in my opinion.  But a conservative lawyer on MSNBC argued that "performance" of a contract is as good as a signature.  Most other lawyers on TV disagreed though...  I think Trump's lawyers would, in any other situation, would  claim that "if you didn't sign it, there is no contract". 

I assume that is the way the courts would go.
Atheist born, atheist bred.  And when I die, atheist dead!

SGOS

What does "performance" of a contract mean?

Cavebear

Quote from: SGOS on March 08, 2018, 10:27:32 AM
What does "performance" of a contract mean?

Apparently, that if you do what a contract says, even if you don't sign it, it has legal force.  Most lawyers say that is a bad legal argument though.  And it makes sense to that it is not.  What is an unsigned contract worth?  What is the point of signing one otherwise?
Atheist born, atheist bred.  And when I die, atheist dead!

SGOS

Yeah, I looked up performance of contract.  It talks about it as being a way to fulfill a contract, but it doesn't deal with both parties agreeing to the contract.  It does seem like Stormy's signature is the important one here.  She is agreeing to abide by a document.  On the other hand who is she agreeing with?  Trump, David Dennison, or a disinterested mediating 3rd party who will not be affected by her performance?

It seems like the court must determine that Trump requested the 3rd Party to initiate the agreement.  Trump could say, "Yes, I requested the agreement," but then he is admitting adultery which he currently denies.  Beyond the scandal, which few people care about (or do they?), the only thing is the money, which presumably is owed to the attorney.

Cavebear

Quote from: SGOS on March 08, 2018, 10:51:53 AM
Yeah, I looked up performance of contract.  It talks about it as being a way to fulfill a contract, but it doesn't deal with both parties agreeing to the contract.  It does seem like Stormy's signature is the important one here.  She is agreeing to abide by a document.  On the other hand who is she agreeing with?  Trump, David Dennison, or a disinterested mediating 3rd party who will not be affected by her performance?

It seems like the court must determine that Trump requested the 3rd Party to initiate the agreement.  Trump could say, "Yes, I requested the agreement," but then he is admitting adultery which he currently denies.  Beyond the scandal, which few people care about (or do they?), the only thing is the money, which presumably is owed to the attorney.

I think Trump and his lawyer are in more trouble whichever way he goes.  From what I have heard the best discussions of this, either he has to admit to an affair for which he paid ridiculous money to shut up, OR his lawyer made an illegal campaign fund, given the timing.  Guess who Trump will throw under the tank?
Atheist born, atheist bred.  And when I die, atheist dead!

Baruch

Quote from: SGOS on March 08, 2018, 10:51:53 AM
Yeah, I looked up performance of contract.  It talks about it as being a way to fulfill a contract, but it doesn't deal with both parties agreeing to the contract.  It does seem like Stormy's signature is the important one here.  She is agreeing to abide by a document.  On the other hand who is she agreeing with?  Trump, David Dennison, or a disinterested mediating 3rd party who will not be affected by her performance?

It seems like the court must determine that Trump requested the 3rd Party to initiate the agreement.  Trump could say, "Yes, I requested the agreement," but then he is admitting adultery which he currently denies.  Beyond the scandal, which few people care about (or do they?), the only thing is the money, which presumably is owed to the attorney.

Law of Agency ... if someone is your agent, or presents as your agent ... then what they agree to, or sign, is binding on the original party.
Ha’át’íísh baa naniná?
Azee’ Å,a’ish nanídį́į́h?
Táadoo ánít’iní.
What are you doing?
Are you taking any medications?
Don't do that.

Cavebear

Quote from: Baruch on March 08, 2018, 02:14:03 PM
Law of Agency ... if someone is your agent, or presents as your agent ... then what they agree to, or sign, is binding on the original party.

1.  Then Trump admits to the facts.
2.  Then Trump's lawyer was paying on his behalf.  But IF so, the lawyer made an illegal campaign donation.
or 3. The document was never completed according to the law.
Atheist born, atheist bred.  And when I die, atheist dead!

Baruch

Quote from: Cavebear on March 08, 2018, 03:33:21 PM
1.  Then Trump admits to the facts.
2.  Then Trump's lawyer was paying on his behalf.  But IF so, the lawyer made an illegal campaign donation.
or 3. The document was never completed according to the law.

Yes, it stinks all over, he should have had Bill Arkancide the witnesses.  What are friends for?
Ha’át’íísh baa naniná?
Azee’ Å,a’ish nanídį́į́h?
Táadoo ánít’iní.
What are you doing?
Are you taking any medications?
Don't do that.

Gilgamesh

Quote from: Cavebear on March 08, 2018, 03:33:21 PM
1.  Then Trump admits to the facts.

No, shit. He fucked the hell out of her and probably came inside her 3 times before the night was done.

Cavebear

#40
Quote from: Baruch on March 08, 2018, 07:43:23 PM
Yes, it stinks all over, he should have had Bill Arkancide the witnesses.  What are friends for?


Well, aside from the fact that he shouldn't have done that stuff. he would have been better off at the start of his Presidency just admitting to it.  His fans wouldn't have cared and his opponents wouldn't have had that to talk about for long.  He's just a fool.

I heard someone today say that Trump going to N Korea is like Nixon going to China.  Except that Nixon wasn't a moron...
Atheist born, atheist bred.  And when I die, atheist dead!

Baruch

Quote from: Cavebear on March 12, 2018, 02:09:38 AM

Well, aside from the fact that he shouldn't have done that stuff. he would have been better off at the start of his Presidency just admitting to it.  His fans would have cared and his opponents wouldn't have had that to talk about for long.  He's just a fool.

I heard someone today say that Trump going to N Korea is like Nixon going to China.  Except that Nixon wasn't a moron...

Nixon was a dog lover.  Enough said ;-)

President Cleveland was accused of fathering a child out of wedlock, with someone not his wife ... he said (paraphrased) Damn Right!
Ha’át’íísh baa naniná?
Azee’ Å,a’ish nanídį́į́h?
Táadoo ánít’iní.
What are you doing?
Are you taking any medications?
Don't do that.

Cavebear

Quote from: Baruch on March 12, 2018, 06:46:32 AM
Nixon was a dog lover.  Enough said ;-)

President Cleveland was accused of fathering a child out of wedlock, with someone not his wife ... he said (paraphrased) Damn Right!

"Out of wedlock" WOULD have been "with someone not his wife", yes...  That's sort of how it works.
Atheist born, atheist bred.  And when I die, atheist dead!

Baruch

Quote from: Cavebear on March 12, 2018, 07:11:28 AM
"Out of wedlock" WOULD have been "with someone not his wife", yes...  That's sort of how it works.

He was married, to another woman.  Technically he was out of wedlock with the harlot he laid.
Ha’át’íísh baa naniná?
Azee’ Å,a’ish nanídį́į́h?
Táadoo ánít’iní.
What are you doing?
Are you taking any medications?
Don't do that.

Cavebear

Quote from: Baruch on March 12, 2018, 07:13:54 AM
He was married, to another woman.  Technically he was out of wedlock with the harlot he laid.

That's what I said.  Go re-read it.
Atheist born, atheist bred.  And when I die, atheist dead!