Stormy Daniels' Attorney Files Motion Seeking to Get Trump Under Oath

Stormy Daniels’ Attorney Files Motion Seeking to Get Trump Under Oath

“We expect to be placing the president and his fixer under oath in the coming months”

Michael Avenatti, the attorney for adult film star Stormy Daniels, filed a motion seeking to depose President Donald Trump and his attorney Michael Cohen as part of an ongoing lawsuit against the president on behalf of Daniels. The suit alleges that Trump never signed a nondisclosure agreement that Cohen negotiated with Daniels regarding an affair the actress claims she had with the then-Apprentice host in 2011. If Avenatti is indeed granted permission, the deposition of both men should be of great interest to Special Counsel Robert Mueller.

After CBS News reported that the motion was filed, Avenatti confirmed the report on Twitter, pointing out that the motion is scheduled to be heard in a little more than a month from today:

Hours later, he appeared to be baiting Cohen:

Did Trump Attempt to ‘Benefit His Presidential Campaign’?

Setting aside the fact that the scope of questions that can be asked during discovery is generally broad, there are questions outlined in the motion that relate to Mueller’s investigation of the Trump Campaign’s behavior. Page 14 of the motion asks:

  • whether Mr. Trump is “David Dennison” or “DD” as referenced in the Hush Agreement;
  • whether Mr. Trump knew about the Hush Agreement;
  • whether Mr. Trump knew about the hush payment;
  • whether the hush payment was made with Mr. Trump’s own money, money, from his presidential campaign, money from The Trump Organization, another source linked to Mr. Trump, or from Mr. Cohen;
  • what was the scope of Mr. Trump’s participation or involvement in the Hush Agreement?
  • what was Mr. Cohen’s role?
  • what is Essential Consultants, LLC, who are its members, and what other business does it conduct?
  • whether Mr. Trump approved or authorized Mr. Cohen’s actions;
  • whether Mr. Trump consented to be a party to the Hush Agreement
  • whether Mr. Trump consented to the contractual obligations imposed on him by the Hush Agreement;
  • if so, whether he actually communicated any assent to the Hush Agreement to Plaintiff given that he never signed the Hush Agreement?;
  • whether Mr. Trump was personally involved in an effort to silence Plaintiff in order to benefit his presidential campaign by preventing voters from hearing Plaintiff speak publicly;

Precedent clearly exists for a sitting president to be deposed. Most people over the age of twenty-five likely remember then-President Bill Clinton’s deposition in January of 1998 in response to a sexual harassment lawsuit filed against him by Paula Jones. Leading up to the deposition, the Supreme Court unanimously ruled that a sitting president is subject to the same laws that apply to all other members of our society and that deferral of this litigation until petitioner’s Presidency ends is not constitutionally required. 

Looks like the forecast calls for a stormy spring in the White House.

RELATED: Trump Thug Threatened Stormy Daniels’ Infant Daughter

Photo Credit: Getty Images News

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Ed Hanratty is a Reverb Press contributor and freelance political journalist. A lifelong New Jerseyan, he prides himself on having just enough Garden State sarcasm and skepticism to keep his bleeding heart in check. Keep up with Ed’s work and random ramblings on Facebook, Twitter and Instagram using the links below…but not Snapchat — that’s where he’s decided to draw the social media line. (For Now)