Michael Avenatti
@MichaelAvenatti
Here is the renewed motion we just filed seeking to depose Mr. Trump and Mr. Cohen, as well as an expedited jury trial. #searchforthetruth #basta
t.co/qzrzUUoNxL
Renato Mariotti
@renato_mariotti
1/ Stormy Daniels' attorney moves for discovery, including a deposition of Trump, now that the procedural issue has been resolved. He cites Trump and Cohen's statements that Trump didn't know about the contract with Daniels, which undercut their motion to force arbitration.
2/ In the contract, Daniels agreed to arbitrate in exchange for promises by Trump. If Trump didn't know about the contract, he couldn't have made those promises, and there was no arbitration agreement. It's hard to see how the agreement to arbitrate holds up.
3/ It's also hard to see how Trump avoids a deposition. He could submit an affidavit saying he doesn't know anything about this entire matter to try to avoid a deposition, which would give Daniels a victory in the first count of her suit (to invalidate her NDA with Trump).
4/ That would still leave a count against Cohen for defamation, which could still result in a deposition of Trump further down the line. In the meantime, Daniels' attorney is now suggesting that Cohen's and Trump's denials that Trump knew about the agreement are hard to believe.
5/ That would seem to hurt Daniels' position as to her main count (invalidating the NDA), since Trump's lack of knowledge undercuts the agreement. But it's smart lawyering because he wants a reason to depose Trump soon. That gives him leverage over Trump and Cohen. /end