Susan Simpson
@TheViewFromLL2
Jesus.
Cohen's attorney: "[Trump] was not aware of any of it, wasn't told about it. Michael Cohen left the option open. That's why he left that signature line, the option open to go to him. He chose not to. He chose to bind the LLC, EC LLC and Stormy Daniels into the contract."
“My client has agreed to the proposed contract with you. Just sign here, and here, and we're done. ... PSYCH! Guess what, you actually just entered into an agreement with FU LLC, the Delaware LLC I just created.
Man, I can't believe you fell for that. No take-backs fyi."
Cohen's stupid plan could never work. But it's even stupider because Cohen wrote the stupid contract in a way that makes it crystal clear WHY it couldn't work, specifying that Trump waives his claims against Stormy "as material inducements to [her] to enter into this Agreement."
"Each Party acknowledges that [Stormy] is executing this Agreement in reliance" on Trump releasing certain claims he has against Stormy.
Michael Cohen can't offer that. EC LLC can't offer that either. Only Trump can.
So if Trump ain't in the agreement, THERE IS NO AGREEMENT.
Incidentally, there is no proof for this beyond the fact it's completely fucking obvious from the contract, but the major promise being offered in the contract here is that Trump was to agree not to initiate a criminal prosecution against Stormy under revenge porn laws.
Trump "represents that, ... in connection with any of [Stormy's] attempts to sell, exploit and/or disseminate" "certain still images and/or text messages which were authored by or relate to [Trump]", Trump "will refrain... from disclosing [Stormy's] name to the authorities."
Remember this portion of Stormy's 60 Minutes interview? Yes of course $130K was too low, she knows that. But when she was given this "very strict" agreement, she jumped on the chance anyway.
Why? Well, if she was convinced she'd go to prison if she didn't, no wonder she signed.
None of which is to say any actual crimes were involved here.
Trump/Cohen likely threatened Stormy with prosecution because she offered a reporter "The Property," which the contract defines as "certain still images and/or text messages which were authored by or relate to DD."
There are so many variations on revenge porn laws in different states that there's no real way to evaluate the legality of any hypothetical conduct here.
But that just means Cohen would've had a lot of wiggle room to convince Stormy she'd committed a crime here when she hadn't.
Or sure, maybe Cohen had a semi-credible argument that Stormy could've violated some state's revenge porn law when she offered send a reporter corroborating evidence of her affair with Trump in the form of pics he texted her of him watching Shark Week. Maybe.
But the fact she's pursuing these claims so openly would suggest she's not afraid of criminal prosecution now.
But it seems like she was afraid of it back in October 2016. Afraid enough that Trump's promise not to disclose her name to the authorities was a material inducement.
Why might that have been the case? If anyone's taking bets on this, put mine down on the source of Stormy's fear being her attorney, Keith Davidson.
Nothing we've seen about him so far inspires confidence that it was his clients' interests that Davidson was advancing.
Davidson represented Karen McDougal too, who Trump also had an affair with. And as alleged in McDougal's complaint, Davidson was colluding Cohen – across multiple cases – to pressure McDougal and other women into signing agreements by misrepresenting to them the material terms.
And if there was any room for doubt about what's really going on here, just look at what Cohen has to say about Davidson.
Cohen, who threatens violence against reporters who merely call up with questions, speaks GLOWINGLY about an attorney who repeatedly threatened to sue Trump.
For all of Cohen's truly idiotic legal claims, repeated ethical breaches, & wannabe mobster ways, his sins here are the lesser ones. No one can say he wasn't zealously advocating for his client. But if Davidson did what the women allege he did, he can't be disbarred fast enough.