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Stormy...with a chance of Depositions

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Posted on April 06 2018

Donald Trump just can’t help himself

In a fairly unusual move, Donald Trump’s lack of tweets and/or public comments surrounding Ms. Daniels/Clifford’s matter, was significant. Why? Trump’s silence was remarkable because it showed a level of self discipline that many of us simply thought, he was incapable of.

And then came yesterday’s AirForce One flight from West Virginia to DC. Perhaps we should have known Trump returned to what’s comfortable for him. Trump being Trump. The first clue was Trump throwing his prepared speech into the air. And then as predictable as the Sun rising and setting, Trump went rogue. During his campaign style WV speech he threw red meat to his base. It was like a 45 Minute deliusional and nonsensical screed.

Highlights of Trump’s 45 Minute Screed:

  • Millions voted California, the same person votes many times. You probably heard about that”
  • “Women are raped at levels that nobody has ever seen before. They don't want to mention that."
  • “A lot of things have happened with your coal and a lot of other things that you're doing in West Virginia."
  • “We have the worst laws."
  • “I mean, to me that's obstruction of justice, and something should happen there. And it hasn't, and I don't know why it hasn't. But something should happen there."
  • “I always say 'clean, beautiful coal.'"
  • “You know, this was going to be my remarks. It would have taken about two minutes but what the hell. "


Now that you have a pretty solid grasp of what Trump’s Head space was like yesterday...we move on to Trump’s “on the record” comments as it relates to Ms. Daniels/Clifford’s:

You'll have to ask Michael Cohen," Trump said

“ Michael is my attorney. You'll have to ask Michael."



This then moves us to today’s 5 page Filing:

Notice of Opposition for Defendants  Extention of Time to respond to the First Amended Complaint 

  • “ First, Defendants conveniently did not share with the Court the principal basis upon which Plaintiff advised Defendants that she would not be agreeable to a stipulation to extend Defendants’ deadline to respond to the First Amended Complaint.”
  • “Namely, Plaintiff advised Defendants repeatedly that the Court had set out specific deadlines in its March 29 Order which, in Plaintiff’s view, the Court intended for the parties to comply with and not modify.”



In the March 29, Order the Court DID specify in particularity the various deadlines. Yet the Defendants, collectively feign ignorance to what was detailed in the March Order.

In my opinion the Defendants are playing “smoke and mirrors”. By feigning ignorance, it appears they are willfully winding down the clock. Give the numerous Trump cases I’ve research, this is KNOWN tactic that Trump likely picked up by his mentor Roy Cohn.



  • “ Second, notwithstanding the unfortunate personalized attacks lodged against Plaintiff’s counsel (which Plaintiff believes are completely irrelevant, have no place in Defendants’ filing, and which Plaintiff does not intend to respond to)...
  • ...”the timeline laid out by Defendants’ counsel only confirms that Plaintiff’s counsel has conducted himself appropriately and that Defendants only have themselves to blame for the predicament they find themselves in relating to timing.”
  • “Mr. Charles Harder, inexplicably failed to participate in the Monday, April 2nd meet and confer discussion between the parties relating to the relief sought by Defendants.”
  • “This is the actual cause of the delay Defendants now complain of.”



If you are going to play games with opposing counsel, or assume that this is Mr. Avenatti first rodeo. You do so are your clients peril. And inflict your own reputational damage. I expected more from Mr. Harder. But to double down and bicker about delays that you & your client (Trump, Cohen & EC) created. EPIC FAIL.

When opposing counsel underestimates their opponent, it is delicious to read Mr. Avenatti has time/date stamped emails. Also just a tip, you (Trump et al) if you’re boxed in to a corner, of which you alone placed yourself in, it’s unwise to make inflammatory & baseless accusations about the Plantiff’s counsel. It’s unnecessary and reflects poorly on you & your clients but then again your clients are Trump & Cohen.


Now on to page 3:

  • ...”Had Mr. Harder participated as required by the rules, there would have been no delay in Defendants’ filing of their ex parte application.
  • ...Plaintiff has yet to receive an explanation for why Mr. Harder did not participate in the meet and confer.”
  • ..” EC claims Plaintiff’s counsel delayed 30 hours in...responding to his request, but the timestamp on Mr. Blakely’s e-mail shows he sent the email at 10:49 p.m. on Tuesday night (or 1:49 a.m. Wednesday on the east coast where..)”


In layman’s Terms:

Avenatti called bull phuckey and he had the actual receipts that proved opposing counsel largely misrepresented “the timeline”. There’s a certain card game, it colloquially known as “bullshit” and for a lack of better terms, Avenatti called “bullshit” on EC, Cohen and Trump. Epic smack down.




My closing thoughts  on this matter. 

Here are a few proposed questions Avenatti should ask during the deposition:

  • Mr. Trump, you stated you had no knowledge of the “hush agreement and payment”, please share with us: when did you became aware of both the agreement and payment..
  • Mr. Cohen as an officer of the Court, you are familiar with the New York Canons. Please explain on what authority did your client Mr. Trump authorize you to enter into the “hush agreement and subsequent payment to my client”...and how that comports with NY Canon EC1.4,which reads in part:
..”lawyer believes clearly to be a violation of the Disciplinary Rules that raises a substantial question as to the other lawyer's honesty, trustworthiness or fitness in other respects as a lawyer.”
    • Mr. Cohen upon wire transferring the $130,000 to my client, who was the intended third party beneficiary of the hush agreement and payment?
    • Mr. Trump as a factual matter the payment Mr. Cohen sent to my client, please produce the Federal Elections Report, where you are by law obligated to report “inkind donations”


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