On Monday April 2, Donald Trump’s lawyers filed a request to move Stormy Daniels’ non-disclosure agreement case to arbitration- resulting in case developments not being made available to the public. Her lawyer objected to the request.
Just in case you’re living under a rock and are unfamiliar with the details of this story, Stormy Daniels is an adult film star who says she had a sexual encounter with Donald Trump in 2006 (while he was married to Melania).
In early January of this year, Stormy came public claiming that a $130,000 settlement was reached with Trump’s longtime lawyer Michael Cohen to keep quiet about the alleged relationship. Furthermore, she claims that the settlement was no longer valid because Trump had not signed the document. The lawsuit marked the first time Stormy had openly admitted to having a “hush” agreement. Spokespeople for Trump have denied the affair, and accused Stormy of lying. Since then, Stormy has become the subject of international interest: she appeared on Jimmy Kimmel and CNN’s “60 Minutes” segment, which was watched by 22 million viewers. Incredibly, the interview gave 60 Minutes its best rating since a 2008 sit-down with the Obamas.
Needless to say, this is a story people have been paying VERY close attention to. And no wonder: when is the last time you’ve heard of something as scandalous at this magnitude? The President himself has gone on record saying that he didn’t know about the payment.
The recent request to force arbitration claimed that Stormy, whose given name is Stephanie Clifford, entered into the agreement willingly and in a position to change the terms, which include “binding confidential arbitration”.
Michael Avenatti, Stormy’s lawyer, said on Twitter that he will oppose the motion, saying that it is an attempt by Trump and his lawyer to have the case resolved in a private conference room, “hidden from the American public.”
If the initial agreement is valid–which, as Stormy’s lawyers argue, it is not– the arbitration clause would apply. With me so far?
This case has a lot of moving parts and is developing rather quickly. If the arbitration clause applies, we the public would not know as much as we do now going forward: it would be Trump and his team setting the rules.
Let’s hope we continue to hear from Stormy Daniels and her lawyers as this plays out. You know, for democracy.