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Stormy with a chance of Felony Indictments? UPDATE

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Posted on May 05 2018

Originally posted March 28, 2018

I swore I’d never write about this,

yet here I am… because Donald Trump, that’s why.

Earlier today Ms. Daniels attorney made the cable TV news rounds. In parsing the carefully uttered words of Michael Avenatti, it’s explosive. Here are the three statements that made me do a “whatcha talking about Willis” face;

 

  • 6 additional women have come forward with stories of the president. 2 of which are also bound by an NDA*
  • Mr. Avenatti goes on to say: “Daniels was threatened physically”
  • He also stated, “several threats and some were made since Trump has been in Office..”

 

Mr. Avenatti’s interview on MSNBC’s Morning Joe via this link:

 

I should note a few things:

  • Mr. Avenatti is a venerable litigator.
  • He has a rock solid reputation.
  • Mr. Avenatti explicitly stated that his firm is in the process of vetting the claims of these additional women.
  • and he’s correct, there’s the Act and then there’s the cover up

 

As untoward as it, we have to talk about this.  Donald Trump, a married man did in fact cheat on his wife. Yet somehow today’s disclosures are more than alarming. At the time of his extramarital affair, Donald Trump’s wife, Melania had just given birth to his child…it’s just GROSS.

 

Sadly, I think we’ve crossed a rubicon, this isn’t just a potential FEC violation, we could very well be in the land of criminal malfeasance. I have no reason to not believe Ms. Daniels or her attorney. But the thought that Donald Trump or someone close to him (allegedly) make a threat of “physical harm”, to shut Ms. Daniels up.

 

That’s a level emotional abuse no person should have to face. By using the threat of physical injury to coerce silence. Bad. Just Bad. But then again, the irony of Trump, Mr. “I alone can fix it” who is the defacto leader of the GOP. You know the “family values party” just makes it worse.

 

Assuming this threat was received in California, let’s look at the applicable statute:

California Penal Code 422 PC

Link to California Penal Code 422

Which reads in part:

  • “crime to threaten another person with immediate harm when you intend to, and in fact do, cause reasonable and sustained fear in that individual.”

 

So WHO made the threat to Ms. Daniels?

Well this question made me go back through my archives. Yes it was bitter sweet, since Twitter allowed my account(s) be shuttered do to targeted fratting…hours upon hours of my work erased.  Sorry I digressed for a hot second.

Back to the question, “who made the threat”? Alex, I’ll take Michael Dean Cohen aka Michael D Hacking for $2,000.

 

EXHBIT A:

 

Senate Transcript Fusion GPS page 307

“We learned that he (Michael Cohen) was a very intimidating  person who had a history of threatening  reporters with libel suits”

“Ukrainian emigre, that he had some Ukrainian clients and connections to the taxi industry in New York..”

...”he was also the person who dealt with allegations against Mr. Trump from the tabloids”

 

 

 

EXHIBIT B, 2015 Daily Beast Article, where Cohen said the following:

 

Cohen’s OTR Threat to Daily Beast Reporter

 

  • “So I’m warning you, tread very fucking lightly, because what I’m going to do to you is going to be fucking disgusting. You understand me?”

 

  • “You write a story that has Mr. Trump’s name in it, with the word ‘rape,’ and I’m going to mess your life up… for as long as you’re on this frickin’ planet… you’re going to have judgments against you, so much money, you’ll never know how to get out from underneath it,”

 

EXHIBIT C, also from the Daily Beast:

 

Cohen brags about destroying a Beauty Queen’s life

  • “Do you want to destroy your life? It’s going to be my privilege to serve it to you on a silver platter like I did that idiot from Pennsylvania in Miss USA, because I think you’re dumber than she is,” Cohen said
  • “Sheena Monnin, another one that wanted to defame Mr. Trump and ended up with a $5 million judgment. That’s going to be nothing compared to what I do to you.”

 

 

I rest my case…for now

UPDATE # 1

 And just like that Cohen & Trump

…sue Stormy seeking:

 

  • a change in venue to Federal Court
  • seeking $20,000,000.00 in damages
  • settlement letter constitutes evidence that Plaintiff values the object of the litigation at $130,000.
  • striking Trump from Lawsuit
  • Pending Arbitration Proceeding prior to the filing of the Complaint.
  • Alleging that Stormy Daniels does NOT live in Texas “following a diligent search of public records, is not aware of any residency”

“The Settlement Agreement contains a broad arbitration provision which provides that “any and all claims or controversies which may arise between” Clifford and “DD”—whom Plaintiff’s Complaint alleges is Defendant Trump—“shall be resolved by binding confidential Arbitration to the greatest extent permitted by law” (herein, the “Arbitration Agreement”).

 “On February 22, 2018, pursuant to the Arbitration Agreement, EC commenced an arbitration proceeding regarding the controversy at issue in this lawsuit, before ADR Services, Inc. in Los Angeles, Case No. 18-1118-JAC (the “Pending Arbitration Proceeding”). In the Pending Arbitration Proceeding, EC seeks compensatory damages, liquidated damages, and injunctive relief. The Settlement Agreement provides for liquidated damages of one million dollars ($1,000,000) per instance of breach by Clifford of the confidentiality provisions of the Settlement Agreement. Clifford has breached the confidentiality provisions of the Settlement Agreement numerous times.“

 

I should also add, Federal Judges are Article III Judges, meaning they have far greater power than a State Court Judge. This might be the dumbest litigation maneuver by Trump AND Cohen. Yet here we are on a Friday Night, where the sitting President opts to counter sue an Adult Film Actress for $20M in liquidated damages. After instructing Cohen to file for a TRO and didnt even bother to alert the party to said agreement

And yes of course, your open source link, HERE

 

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