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Court filings imply that Trump got Stormy Daniels pregnant and she had an abortion

Aardvark154

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Jan 19, 2006
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Then shouldn't it fail to be moved, based on this?
Daniels' lawyer says the agreement is void 'cuz Trump didn't sign it, so don't they now need to prove its valid before you could take it to arbitration?
No the court would decide that issue after the case is transferred to Federal District Court.
 

Frankfooter

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Apr 10, 2015
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That has always been my understanding. If the contract is invalid, then the arbitration clause is invalid also.
No the court would decide that issue after the case is transferred to Federal District Court.
Aardvark, that makes no sense. How can you claim they'd do arbitration and then argue whether the contract is valid?
Oagre makes way more sense.
 

mandrill

Well-known member
Aug 23, 2001
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Aardvark, that makes no sense. How can you claim they'd do arbitration and then argue whether the contract is valid?
Oagre makes way more sense.
If the contract is invalid, the arbitrator has no jurisdiction to sit on the issues under the contract. The court needs to decide the validity of the contract - and by extension, the arbitration clause - before the arbitrator can assume jurisdiction.

So there has to be a trial or at least a motion hearing on the validity issue before anything else. And add in that Daniels is now alleging duress (intimidation). This itself would invalidate the contract, subject to estoppel due to the fact that SD accepted the benefits of the contract she is now attacking. So there may be a hearing on the allegations of duress as well as formal invalidity.
 

mandrill

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Aug 23, 2001
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The judges are presumed to be impartial so the fact that trump appointed them should have no bearing.
Not all the judges on the Federal Court bench were appointed by Trump in the last year. It's easy enough to find a judge who predates the Trump administration.
 

LT56

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Feb 16, 2013
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If the contract is invalid, the arbitrator has no jurisdiction to sit on the issues under the contract. The court needs to decide the validity of the contract - and by extension, the arbitration clause - before the arbitrator can assume jurisdiction.

So there has to be a trial or at least a motion hearing on the validity issue before anything else. And add in that Daniels is now alleging duress (intimidation). This itself would invalidate the contract, subject to estoppel due to the fact that SD accepted the benefits of the contract she is now attacking. So there may be a hearing on the allegations of duress as well as formal invalidity.
It would be interesting if the court ruled on a motion finding that SD had indeed been subject to duress.
 

LT56

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I don’t think Aardvark is really a lawyer. The guy consistently appears not to know wtf he is talking about. Sounds more like an internet wannabe.
 

Frankfooter

dangling member
Apr 10, 2015
81,388
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If the contract is invalid, the arbitrator has no jurisdiction to sit on the issues under the contract. The court needs to decide the validity of the contract - and by extension, the arbitration clause - before the arbitrator can assume jurisdiction.

So there has to be a trial or at least a motion hearing on the validity issue before anything else. And add in that Daniels is now alleging duress (intimidation). This itself would invalidate the contract, subject to estoppel due to the fact that SD accepted the benefits of the contract she is now attacking. So there may be a hearing on the allegations of duress as well as formal invalidity.
Ah, which is why this story likely came out in the Post today.
President Trump's personal lawyer Michael Cohen threatened the career of an agent who had arranged in 2011 for adult-film actress Stormy Daniels to come forward with her account of an alleged affair with Trump.

The Washington Post reported Saturday that Cohen tried to contact the agent, Gina Rodriguez. But her now-ex-husband answered the call at the time.

"You tell Gina that if she ever wants to work in this town again, she’ll call me immediately,” the ex-husband, Randy Spears, recalled Cohen telling him, according to the Post.

Rodriguez had reportedly arranged for Daniels to publish her account of the alleged affair in a celebrity publication for $15,000.
http://thehill.com/blogs/blog-brief...ht-to-bury-stormy-daniels-allegations-in-2011

Daniel's lawyer seems to be playing this very well.
 

mandrill

Well-known member
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I don’t think Aardvark is really a lawyer. The guy consistently appears not to know wtf he is talking about. Sounds more like an internet wannabe.
No, my learned friend is indeed a lawyer and quite a good one - at least when his GOP sympathies don't too much get the better of him.
 

mandrill

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danmand

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I don’t think Aardvark is really a lawyer. The guy consistently appears not to know wtf he is talking about. Sounds more like an internet wannabe.
He has the attributes of a lawyer when he posts: Distorting the facts by any means available, consistent ad hominem attacks, always in support of authority, etc etc. He is probably a lawyer.

No, my learned friend is indeed a lawyer and quite a good one - at least when his GOP sympathies don't too much get the better of him.
Q.E.D.

Oagre who is a lawyer means: he is good at Distorting the facts by any means available, consistent ad hominem attacks, always in support of authority, etc etc.
 

Aardvark154

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Jan 19, 2006
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President Trump's personal lawyer Michael Cohen threatened the career of an agent who had arranged in 2011 for adult-film actress Stormy Daniels to come forward with her account of an alleged affair with Trump.

The Washington Post reported Saturday that Cohen tried to contact the agent, Gina Rodriguez. But her now-ex-husband answered the call at the time.

"You tell Gina that if she ever wants to work in this town again, she’ll call me immediately,” the ex-husband, Randy Spears, recalled Cohen telling him, according to the Post.
TBH, that doesn't sound like anything close to duress to me. It just sounds like Cohen being an asshole. . . .
Agree.
 

Butler1000

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Oct 31, 2011
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I don’t think Aardvark is really a lawyer. The guy consistently appears not to know wtf he is talking about. Sounds more like an internet wannabe.
He is. And you are wrong on all the points about hearsay vs evidence.
 

LT56

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Feb 16, 2013
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No, my learned friend is indeed a lawyer and quite a good one - at least when his GOP sympathies don't too much get the better of him.
It looks to me like your learned friend got his degree from Trump University. I’m sure he graduated with honours.
 

LT56

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Feb 16, 2013
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He is. And you are wrong on all the points about hearsay vs evidence.
Actually I am not. You and Aardvark need to do a Google search of the term “Corroborating Evidence”...It’s not that complicated.


PS: I notice you’ve stopped arguing that no one on the Trump team was indicted on anything Russia related since I pointed out that you were wrong about that too. Flynn and Papadopoulos both plead guilty to lying to the FBI about their contacts with Russians.

Now sit down and be quiet.
 

Aardvark154

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It looks to me like your learned friend got his degree from Trump University. I’m sure he graduated with honours.
FWIW, Trump "University" had no degree granting powers and was never accredited, it solely ran real estate training programs, whatever the Hell that meant.
 

LT56

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Feb 16, 2013
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FWIW, Trump "University" had no degree granting powers and was never accredited, it solely ran real estate training programs, whatever the Hell that meant.
So you mean your Trump University Law Degree is Fake?

I KNEW IT!!!
 

Butler1000

Well-known member
Oct 31, 2011
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Actually I am not. You and Aardvark need to do a Google search of the term “Corroborating Evidence”...It’s not that complicated.


PS: I notice you’ve stopped arguing that no one on the Trump team was indicted on anything Russia related since I pointed out that you were wrong about that too. Flynn and Papadopoulos both plead guilty to lying to the FBI about their contacts with Russians.

Now sit down and be quiet.
Flynn was about Turkish dealings.

Papadopoulos was an idiot. And neither has anything substantive.
 

LT56

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Feb 16, 2013
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Flynn was about Turkish dealings.

Papadopoulos was an idiot. And neither has anything substantive.
Flynn was about lying to the FBI about his contact with the Russian Ambassador during the transition to get sanctions lifted.

Papadopoulos was about Lying to the FBI about contact with the Russians regarding getting dirt on Hillary...ie her hacked emails.

Many would view these findings as being quite substantive...but not you. We get it.
 
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