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A Stormy Is A Brewing.
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KeithDB
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PostPosted: 14 Feb 2018 8:39 am 
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Trump lawyer, Michael Cohen, now acknowledges paying $130,000 in hush money to porn star Stormy Daniels. Says he pays it out of his own personal funds and, rather dubiously, claims he was not reimbursed by the Trump Campaign either directly or in kind. He even more implausibly claims he told no one in the Trump Campaign that he did so (as assertion that if true would violate attorney ethical rules).

This follows denial after denial after denial from Trump and his people that anything like this happened.
https://www.cnn.com/2018/02/13/politics/michael-co...index.html
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KeithDB
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PostPosted: 14 Feb 2018 12:01 pm 
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Some possible legal issues of Presidential Payola.

https://medium.com/@KeithDB/presidential-hush-mone...cdbb2ace3a
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KeithDB
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PostPosted: 07 Mar 2018 9:48 am 
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Porn star Stormy Daniels has sued Donald Trump. She asks a California State Court to declare the confidentiality agreement, designed to hide her affair with Donald Trump, declared void. That's all she is seeking. So the President of the United States is being sued by a porn star seeking to allow the American public to know the truth about their President. Let that sink in for a moment.

The lawsuit claims the confidentiality agreement is not valid because Trump never signed it. The lawsuit claims the agreement requires all parties to sign it to be binding. Trump is defined as a party (via alias as explained below) to the agreement in Section 1.1 of the Agreement. Section 8.6 states the parties understand "this Agreement, when signed by all Parties, is a valid and binding agreement."

You can read the Complaint and the hush money settlement agreement, and it is interesting reading, here: https://www.washingtonpost.com/apps/g/page/politic...ge%2Fstory

Here are some highlights.

--The settlement agreement operated under aliases for all the parties where Stormy Daniels was "Peggy Peterson" or "P.P." and Donald Trump was "David Dennison" or "D.D." A side letter to the settlement agreement (that is also attached to the complaint) spells that out. Anyone getting a copy of just the agreement, without that side letter, sees and agreement regarding two people that nobody knows anything about.

--In regards to Daniels prior statement in January denying any relationship with Trump Daniels says that "false statement" was "forced" from her by "intimidation and coercive tactics" from Trump attorney Michael Cohen.

--In the Confidentiality Agreement Trump never denies having the affair. Instead, the existence of the affair seems implicitly accepted.

--The Confidentiality Agreement requires that Daniels not disclose to anyone what is deemed "confidential information." "Confidential information" is then defined as any information not generally known to the public regarding Trump's "alleged sexual partners, alleged sexual actions or alleged sexual conduct, related matters or paternity infonnetion, legal matters, contractual information, personal information, private social life, lifestyle, private conduct" etc.

--Large parts of the Confidentiality Agreement require Stormy Daniels to turn over various property to Trump required to protect the confidentiality of the information. This includes "All tangible materials of any kind containing information pertaining to [Donald Trump] learned, obtained, participated or acquired by [Stormy Daniels), including Without limitation letters, agreements, documents, audio or Images recordings, electronic data, and photographs, canvas art, paper art, or art in any other form on any media." Thus, there is a suggestion that Daniels had some sort of physical or recorded evidence she was required to turn over to Trump as part of the settlement.

--Another provision states "[Stormy Daniels] agrees to sell and transfer to DD all and each of her rights in and to such Property. PP agrees to deliver each and every existing copy of all tangible Property to Donald Trump (and permanently delete any electronic copies that can not be transferred)."

All of this suggests an answer to one of the enduring mysteries surrounding the Stormy Daniels story. Lots of women have accused him of sexual improprieties and even sexual assault. Why would he settle and payoff one porn star? The answer is that the porn star had some sort of evidence, and the settlement agreement required her to turn that evidence over to Trump.

--The settlement agreement provides a strong hammer for Stormy Daniels to stay silent. It provides for liquidated damages where the parties agree Daniels owes Trump $1 million for each breach. That would add up fast.

This is how far the President of the United States will go to conceal the truth. Please note that this is yet another thing he has deemed "fake news."
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CardinalandMaroon
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PostPosted: 07 Mar 2018 11:10 am 
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While your assumptions and intuitions I think go too far as this is likely just boiler plate language to protect against unknowns (like a Lewinsky dress), it doesn't change the fact that he is a mysoginistic boor and liar.

Unfortunately, this is nothing new or inconsistent with what was known about him at the time of his election.
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KeithDB
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PostPosted: 07 Mar 2018 11:27 am 
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If you read the agreement the requirements to turn over tangible property is not boiler plate. It's clear she had stuff Trump wanted. The agreement makes this quite clear. For example:

Quote:
[Donald Trump] desires to acquire, and [Stormy Daniels] desires to sell, transfer and turnover to Donald Trump, any and all tangible copies of the Property and any and all physical and intellectual property rights in and to all of the Property. As a condition of [Donald Trump] releasing any claims against [Stormy Daniels] related to this matter, [Stormy Daniels] agrees to sell and transfer to [Donald Trump] all and each of her rights in and to such Property. [Stormy Daniels] agrees to deliver each and every existing copy of all tangible Property to [Donald Trump] (and permanently delete any electronic copies that can not be transferred), and agrees that she shall not possess, nor directly nor indirectly disclose convey, transfer or assign Property or any Confidential Information to any Third Party, as more fully provided herein.


Yes, he's a liar. Which means the allegations by other women against him, whom he calls liars, are more credible than his words. One real significance of this is that Trump was trying to suppress evidence that would bolster the allegations other women have made against him. Remember, this settlement came after the Access Hollywood Tape came out and the other allegations against him were gaining steam.

Further, if he will go to these ends to hide and lie about this, what about something that really matters, like Russia collusion?

Finally, there are potential legal issues here, to include potential violations of Campaign Finance laws. We already know Trump wrongly used donated money to his Foundation to illegally payoff lawsuits against him and buy gaudy pictures of himself for his casinos. This story reeks of laundering campaign money through his attorney to payoff a porn star.
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KeithDB
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PostPosted: 07 Mar 2018 5:07 pm 
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The world now knows that the President of the United States of America paid hush money to a porn star to hide an affair he had with her just weeks after his current wife gave birth to their son. How far has the morality of this nation fallen that this is acceptable, even to the religious right, which grants the President a “mulligan”?

One of the questions regarding this was, why her? With all the allegations by all the women accusing Trump of sexual improprieties, even sexual assault, why did he settle with this one porn star?

The lawsuit filed by Stormy Daniels seeking to invalidate that “Hush Agreement” and the attending release of the Hush Agreement have done much to answer this question.

One reason is that, unlike the other accusers, Daniels had evidence. We don’t know what that evidence is, or whether she still has any of it, but we do know Trump wanted it and demanded it as part of the settlement. Much of the settlement agreement is dedicated to Trump getting this material. For example, Paragraph 2.3 of the agreement states:

Quote:
[Donald Trump] desires to acquire, and [Stormy Daniels] desires to sell, transfer and turn over to Donald Trump, any and all tangible copies of the Property and any and all physical and intellectual property rights in and to all of the Property. As a condition of [Donald Trump] releasing any claims against [Stormy Daniels] related to this matter, [Stormy Daniels] agrees to sell and transfer to [Donald Trump] all and each of her rights in and to such Property. [Stormy Daniels] agrees to deliver each and every existing copy of all tangible Property to [Donald Trump] (and permanently delete any electronic copies that can not be transferred), and agrees that she shall not possess, nor directly nor indirectly disclose, convey, transfer or assign Property or any Confidential Information to any Third Party, as more fully provided herein.


As you can see, any property Daniels has related to the “Confidential Information” has to be given to Trump or permanently deleted. This agreement goes well beyond mere non-disclosure. What this agreement is really about is the suppression and destruction of evidence.

The reason for this also goes beyond Stormy Daniels. This quickly-achieved Hush Agreement needs to be put in the context of what else was going on.

On October 7, 2016 the notorious “Access Hollywood” tape came out with Trump on tape bragging about sexually assaulting women and trying to seduce a married woman. The language is worth repeating, keeping in mind this nation elected to its highest office the man who said this:

Quote:
“I did try and f*ck her. She was married . . . I moved on her like a b!!ch. But I couldn’t get there. And she was married. Then all of a sudden I see her, she’s now got the big phony tits and everything. She’s totally changed her look . . . I better use some Tic Tacs just in case I start kissing her. You know, I’m automatically attracted to beautiful — I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait. And when you’re a star, they let you do it. You can do anything. Grab ’em by the ^#&$%. You can do anything.”


The Hush Agreement was signed only three weeks later, on October 28th (less than two weeks before the election). What happened between the October 7 Access Hollywood tape and the signing on the Hush Agreement on October 28 provides insight into why this settlement happened and why Trump sought to destroy this evidence.

Just two days after the Access Hollywood bombshell, on October 9, in the second debate, Trump was asked, and after some prompting, finally said he never assaulted women in this manner. However, within days women began to come forward accusing Trump of doing to them what he said he did to women on that tape. Many claimed to be driven to come forward by Trump’s denial in that debate. The allegations spread over the sexual evils map, ranging from lecherous consensual affairs, to beauty pageant dressing room leering, to forced kisses, to unwelcome groping, to flat out rape.

Trump dismissed all the allegations as fake, and the women behind them as all frauds seeking attention. These comments on October 22 were typical:

Quote:
“Every woman lied when they came forward to hurt my campaign, total fabrication. The events never happened. All of these liars will be sued after the election is over. It was probably the [Democratic National Committee] and the Clinton campaign that put forward these liars with these fabricated stories. We’ll find out at a later date through litigation and I look so forward to it.”


Of course, these women sadly had no proof. But what if one woman did? Think of that. What if in the sea of Trump denials of affairs and sexual misconduct, a porn star came forward with not only details of a lurid affair with the President, weeks after his current wife gave birth to their son, but also with evidence that it happened?

Trump’s already strained credibility would be shattered, and the credibility of the women making the allegations against him bolstered. So Trump made this one go away, so he could continue to keep his denials marginally credible.

Along the way Trump and his lawyer conspired with Stormy Daniels to destroy evidence that might be harmful to Trump in litigation, Trump himself was threatening, and in litigation some of his accusers were filing. Certainly Stormy Daniels did a disservice to the women making these allegations, and to the nation. However, I am less concerned with the ethical, and possible legal, breaches of a porn star than I am with those of the President of the United States.

It remains an open question whether Stormy Daniels actually gave to Trump, or permanently deleted, all the Hush Agreement demanded. Her attorney when asked if she still had some evidence said: “That’s a question that Ms. Daniels will have to ultimately answer. … I do know the answer and I’m not at liberty to disclose that this morning.” Well, if she didn’t have anything, he could have said so. Sources close to Daniels previously said she has a “Monica Lewinsky dress” that will be DNA tested.

Beyond that, expect the women who have sued President Trump to submit discovery requests demanding production of whatever Daniels turned over to him. If Trump (or his attorney) destroyed such property, that will not sit well with the court.

That Daniels is now seeking to invalidate the Hush Agreement from its beginning also suggests she has retained evidence. She needs the court to declare the Hush Agreement was never valid so as to not have committed the first breach.

A final thought. For any other person, how do you think a security clearance would be handled if the investigators discovered the person seeking the clearance secretly paid hush money to a porn star to conceal an affair?
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CardinalandMaroon
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PostPosted: 08 Mar 2018 11:38 am 
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What has come to light about Stormy's description of the relationship (her 2011 InTouch interview) wouldn't help any woman accusing Trump of sexual assault.

We will see if anything comes of Stormy actually turning over anything to Trump, but an attorney would be incompetent to not include such language to compel the other party to turnover and/or destroy anything evidencing the relationship.

But again, there is nothing in the Stormy revelations that are inconsistent with the general perceptions of Trump at the time of his election - part of why I would never vote for the man. Yes, it is a blight on America's history that the candidates proferred were so flawed that Trump is what we ended up with. He is also not the first philanderer to sit in the Whitehouse.
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PostPosted: 08 Mar 2018 12:16 pm 
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He’s the 1st one cheating on his 3rd wife with a porn star though!

Making Amerika Great Again!!!

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PostPosted: 08 Mar 2018 12:52 pm 
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Quote:
What has come to light about Stormy's description of the relationship (her 2011 InTouch interview) wouldn't help any woman accusing Trump of sexual assault.


Baloney. Trump has tried to present an air of being faithful since he married the third time. His being caught in yet another lie discredits his claims the other women are lying too.

There's a reason he settled this one case, and that was to prevent it from supporting the other women.
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PostPosted: 08 Mar 2018 4:13 pm 
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KeithDB wrote:
Quote:
What has come to light about Stormy's description of the relationship (her 2011 InTouch interview) wouldn't help any woman accusing Trump of sexual assault.


Baloney. Trump has tried to present an air of being faithful since he married the third time. His being caught in yet another lie discredits his claims the other women are lying too.

There's a reason he settled this one case, and that was to prevent it from supporting the other women.


Baloney back at you. What I read as the excerpts from the interview portrayed a completely consensual relationship with no hints of what could be construed as an assualt. That is what those women would need to support their case. Not saying their isn't evidence out there, just not in what Stormy is purported to say.

Seriously, you can't ever admit you might not be 100% right, can you?


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PostPosted: 08 Mar 2018 4:15 pm 
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AGINAZ wrote:
He’s the 1st one cheating on his 3rd wife with a porn star though!

Making Amerika Great Again!!!

👍


Not the 1st one with a porn star(ish) (Marilyn Monroe, centerfold).
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PostPosted: 08 Mar 2018 7:23 pm 
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I'm not challenging the consensual nature of the relationship. I'm challenging Trump's dishonesty about it and how undermines his credibility regarding the others. In addition, Daniels is now accusing Trump of intimidating her in regards to the Hush Agreement.

We have a porn star suing the President of the United States seeking only the simple right to speak freely. I mean, think about that.
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KeithDB
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PostPosted: 10 Mar 2018 2:01 pm 
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Fact: One of the Articles of Impeachment adopted by the House Judiciary Committee against President Nixon included the charge of:

Quote:
"Approving, condoning, and acquiescing in, the surreptitious payment of substantial sums of money for the purpose of obtaining the silence or influencing the testimony of witnesses, potential witnesses or individuals who participated in such unlawful entry and other illegal activities."


Sound familiar?
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PostPosted: 10 Mar 2018 3:57 pm 
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And irrelevant ... good gravy man, tell us that you can see a difference!
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PostPosted: 10 Mar 2018 5:08 pm 
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Laws were violated here.

If the Trump Campaign compensated Cohen for his payment to Daniels then it's an illegal use of campaign funds.

If Cohen was not paid then his personal payment to Daniels is an illegal campaign contribution.

If Cohen didn't even tell Trump about the whole deal, as Trump is trying to say, then Cohen violated attorney ethical rules requiring communicating to clients essential information.
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KeithDB
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PostPosted: 12 Mar 2018 8:48 am 
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If Trump succeeds in blocking 60 Minutes from airing its interview with Stormy Daniels he will have imposed tougher sanctions on a porn star for merely talking than he has on Russia for interfering with and attempting to disrupt our Democracy.

But "MAGA," right Trumpers?
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PostPosted: 12 Mar 2018 2:56 pm 
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KeithDB wrote:
Laws were violated here.

If the Trump Campaign compensated Cohen for his payment to Daniels then it's an illegal use of campaign funds.

If Cohen was not paid then his personal payment to Daniels is an illegal campaign contribution.

If Cohen didn't even tell Trump about the whole deal, as Trump is trying to say, then Cohen violated attorney ethical rules requiring communicating to clients essential information.


Would love to see the precedent that would include paying a settlement in a non-disclosure situation as a campaign contribution. Not saying its not, but not accepting it is without some proof. Seems a bit of a stretch.
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PostPosted: 12 Mar 2018 2:58 pm 
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CardinalandMaroon wrote:
KeithDB wrote:
Laws were violated here.

If the Trump Campaign compensated Cohen for his payment to Daniels then it's an illegal use of campaign funds.

If Cohen was not paid then his personal payment to Daniels is an illegal campaign contribution.

If Cohen didn't even tell Trump about the whole deal, as Trump is trying to say, then Cohen violated attorney ethical rules requiring communicating to clients essential information.


Would love to see the precedent that would include paying a settlement in a non-disclosure situation as a campaign contribution. Not saying its not, but not accepting it is without some proof. Seems a bit of a stretch.


I guess we would also need to know the state in which the relationship happened to determine if there was any "unlawful entry". Wink
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PostPosted: 12 Mar 2018 3:06 pm 
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Quote:
Would love to see the precedent that would include paying a settlement in a non-disclosure situation as a campaign contribution. Not saying its not, but not accepting it is without some proof. Seems a bit of a stretch.


https://www.cnn.com/2018/03/12/politics/stormy-dan...index.html

This solves that problem and since the President denies it he has nothing to fear.
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KeithDB
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PostPosted: 12 Mar 2018 3:17 pm 
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The Federal Election Campaign Act (FECA) broadly defines campaign contribution at 52 U.S.C. 30101(8) as “any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office.”

Cohen admits he made the payment to influence the election, stating he sought to avoid the harm the porn star’s allegations might cause the campaign. Cohen told CNN “Just because something isn’t true doesn’t mean that it can’t cause you harm or damage. I will always protect Mr. Trump.”

The agreement was signed just 11 days before the election and after Daniels had scheduled interviews to discuss the affair.

Daniels complaint asserts Cohen contacted the non-disclosure agreement to help Trump win the election.

In the non-disclosure agreement Trump asserts that he has or would be damaged by the release of confidential information discussed in the NDA.
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PostPosted: 13 Mar 2018 9:12 am 
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KeithDB wrote:
The Federal Election Campaign Act (FECA) broadly defines campaign contribution at 52 U.S.C. 30101(8) as “any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office.”

Cohen admits he made the payment to influence the election, stating he sought to avoid the harm the porn star’s allegations might cause the campaign. Cohen told CNN “Just because something isn’t true doesn’t mean that it can’t cause you harm or damage. I will always protect Mr. Trump.”

The agreement was signed just 11 days before the election and after Daniels had scheduled interviews to discuss the affair.

Daniels complaint asserts Cohen contacted the non-disclosure agreement to help Trump win the election.

In the non-disclosure agreement Trump asserts that he has or would be damaged by the release of confidential information discussed in the NDA.


You can't just look at the definitions in the statute, you also have to look at the sections that provide limitations and that will be the actual violations that will be alleged.

Looks like if there was no "cooperation, consultation or concert" with Trump, then no violation under 52 USC 30116.

Again, there may be case law I am missing, and you may argue the cooperation point, but you will have to do better than that to show a campaign law violation.
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PostPosted: 13 Mar 2018 10:11 am 
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If Cohen did this without telling Trump he violated attorney ethical rules related to client communications. It's also just impossible. Trump is listed as a party to the NDA.
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KeithDB
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PostPosted: 13 Mar 2018 10:12 am 
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For a little fun, a joint project from my daughter and I. To the tune of "Stormy Weather," please enjoy "Stormy Daniels."

https://youtu.be/61iDyswrwFw
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PostPosted: 13 Mar 2018 3:15 pm 
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KeithDB wrote:
If Cohen did this without telling Trump he violated attorney ethical rules related to client communications. It's also just impossible. Trump is listed as a party to the NDA.


But he never signed. The above might be why. Maybe someone in Cohen's office knew the law well.
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PostPosted: 13 Mar 2018 3:49 pm 
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Whether Trump signed or not it would violate attorney rules relating to keeping clients informed. In fact, Cohen's keeping Trump in the dark to keep Trump from signing without advising Trump he was doing so would violate attorney ethical rules.

This whole story just is not plausible.
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PostPosted: 14 Mar 2018 7:56 pm 
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One of the attorneys involved in last month's ex parte arbitrator injunction was a woman named Jill Martin. Ms. Martin it turns out is also an attorney for the Trump Organization.

When asked about it, she claimed to be acting in her private capacity.

I do wonder how far some of you will allow your credulity to be strained.

https://www.cnn.com/2018/03/14/politics/stormy-dan...index.html
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