Dissecting Trump's and Stormy's Hush Agreement

I did a pretty thorough read through of the Stormy Daniels NDA contract with Trump, today, and it took an entertaining path that I wanted to share (although I doubt everyone will find it entertaining, like me). Admittedly, I am not a lawyer, but it’s a contract that’s intended for non-lawyers to *understand* and agree to, and what I am going to lay out is pretty much self evident. If there are lawyers on ATS that know more than me and can correct a misunderstanding…please do!

Also, let me make it clear that I take none of this scandal at face value and don’t believe that even if it continues for the next 2-3 years, it will harm Trump’s support — not because Trump supporters are hypocrites, but because we all knew Trump’s reputation before he was elected, it wasn’t a surprise, and few people really have a leg to stand on acting like they hold elected officials consistently to a high moral standard when it comes to extramarital affairs. I personally don’t care who has consensual sex.

***

Moving on, for anyone who isn’t clear about what the agreement consists of, it has TWO distinct parts — one part that is valid and legally binding, and *cough* another that is NOT:

Part 1. The Confidential Settlement Agreement and Mutual Release; Assignment of Copyright and Non-Disparagement Agreement - This is legal meat and potatoes…all the background, facts, terms, provisions, limitations…everything is in this part. AND, Donald Trump is exclusively referred to as ‘DD,’ throughout.

Part 2. ‘Exhibit A’: The Side Letter Agreement — This document is primarily dedicated to identifying ‘DD’ (as Trump) and ‘PP’ (as Stormy) AND it includes an acknowledgement that the ‘Side Letter’ along with the Settlement Agreement (Part 1) — TOGETHER — constitute the entire original Agreement.


To continue...so, Stormy Daniels recently filed a lawsuit against Donald Trump alleging that he did not sign the “agreement” and she therefore believes the agreement is not legally binding and has asked a court to recognize that.

The agreement (both parts) was attached to the 'Complaint' she filed as ‘Exhibit A’ and can be viewed here: Link

It is true that Trump did not sign the ‘Side Letter’ portion — admitting essentially that he is ‘DD.’ And the ‘Side Letter’ specifically required his signature on it AND for it to be delivered to Stormy’s attorney to make the ‘Side Letter’ legally valid.

Here is a screenshot of the relevant portion of the ‘Side Letter’:



Notice it says “AND DELIVERED.”

Trump was required to sign and deliver that ‘Side Letter’ for it to be legally binding.

HOWEVER, the ‘Settlement Agreement’….Part 1….the meat and potatoes….did NOT require Trump to “DELIVER” a signed copy to Stormy or her attorney:



Notice it does not say “AND DELIVERED.”

So, the ‘Settlement Agreement’ part is legally binding, BUT the ‘Side Letter’ is not. Stormy has no reason to believe the NDA agreement is invalid because she was never legally entitled to a copy of the agreement with Trump’s signature.

But there’s more that is highly and CURIOUSLY unfavorable to Stormy.

Part of the ‘Side Letter’s’ purpose was to have it *rolled in* with the Settlement Agreement and TOGETHER both documents (and all counterparts) would constitute ONE original.

That portion from the ‘Side Letter’ is below…and this is where it gets VERY entertaining, IMO:


Do you see that handwritten correction changing what appears to be paragraph ‘7.1.1’ to ‘8.1.1?”

Notice how it isn’t initialed by anyone? That presents a legal problem and it is COMPOUNDED by the fact that the paragraph above it refers to “Paragraph 7.1” — in error — TWICE. It *should* read “Paragraph 8.1.”

What makes that such a critical legal error, is that the valid & legally binding ‘Settlement Agreement’ very specifically notes that if there is any error where a paragraph caption is inconsistent with a paragraph NUMBER…it is the paragraph NUMBER that is binding:



AMAZING FORESIGHT!!!!!

“7.1” is how the ‘Side Letter’ MUST be construed…

…and if you place the paragraph addition from the ‘Side Letter:’


…in place of 7.1, below (instead of adding it following ‘8.1’):


Then 8.1, uh, *wins.* And, it says that the ‘Settlement Agreement,’ ALONE, represents the entirety of the agreement.

AND…

The ‘Settlement Agreement’ specifically requires that “all parties” sign off on any changes, additions, modifications…. to the ‘Settlement Agreement’ (which is what the ‘Side Letter’ is drafted to achieve).



But Trump did not sign it. SO….Stormy Daniels has a valid NDA agreement with ‘David Dennison,’ and Trump’s lawyer. She has no legal leg to stand on AND if she agrees to settle with Trump out of court in the lawsuit he filed against her…

…Any and all money collected for her her legal costs, on GoFundMe, will have to be turned over to Trump:

You should care. A man who has careless affairs with porn-stars and hookers is a man who is very vulnerable to blackmail.

I stopped where you said you weren’t a lawyer.

originally posted by: Painterz
You should care. A man who has careless affairs with porn-stars and hookers is a man who is very vulnerable to blackmail.

Or, he has the upper hand and could "blackmail" many others.

Depends on who does the "mailings" 😲

Good topic ⚜

originally posted by: Painterz
You should care. A man who has careless affairs with porn-stars and hookers is a man who is very vulnerable to blackmail.

We've survived others vulnerable to blackmail that probably cared a lot more about keeping it a secret than Trump.

No reason to get especially worried, now.

originally posted by: GuidedKill
I stopped where you said you weren’t a lawyer.

You should have kept on because it's a contract written for NON-LAWYERS to understand and sign.

I think I can understand it just as well as Stormy Daniels and even Donald Trump.

originally posted by: Painterz
You should care. A man who has careless affairs with porn-stars and hookers is a man who is very vulnerable to blackmail.

If paying a porn star for sex is all they have done that they could be blackmaied over... I call that a win for the american people.

originally posted by: xuenchen

originally posted by: Painterz
You should care. A man who has careless affairs with porn-stars and hookers is a man who is very vulnerable to blackmail.

Or, he has the upper hand and could "blackmail" many others.

Depends on who does the "mailings" 😲

Good topic ⚜

These are good points. I have a security clearance and the main thing they investigate is if you can be blackmailed. If you can then you are a risk. It can be money, sex, or other things, but if someone has something on you that you don't want public, for whatever reason, then you are a target.

If you are the type of person who cannot stand any critisism, or are very vain, or worry about what others say about you, you are a risk.

It is what you are willing to do to keep your secrets that causes concern.

Discuss.

Thanks.

a reply to: MotherMayEye

The fact she filed her suit in California is telling. It also explains why Trump's lawyers have filed a motion to move the suit to federal court.

The final nail in the coffin for this "scandal" is the fact Maxine Waters is now saying Stormy Daniels will bring Trump down.

originally posted by: DogStarIn1066

originally posted by: xuenchen

originally posted by: Painterz
You should care. A man who has careless affairs with porn-stars and hookers is a man who is very vulnerable to blackmail.

Or, he has the upper hand and could "blackmail" many others.

Depends on who does the "mailings" 😲

Good topic ⚜

These are good points. I have a security clearance and the main thing they investigate is if you can be blackmailed. If you can then you are a risk. It can be money, sex, or other things, but if someone has something on you that you don't want public, for whatever reason, then you are a target.

If you are the type of person who cannot stand any critisism, or are very vain, or worry about what others say about you, you are a risk.

It is what you are willing to do to keep your secrets that causes concern.

Discuss.

Thanks.

And if there are tapes of him with Russian Prostitutes? What can be be blackmailed for? What is he laundered Russian money? What would he do to keep that quiet?

Makes ya go "hummmm."

a reply to: DogStarIn1066

Doesn’t make me go “hummmm.”

I don’t even know if I believe that Trump was ever worried about the Stormy Daniels story being made public. It’s going to provide a fabulous distraction for Democrats to feed on but doesn’t hurt his reputation at all.

Times like this make me convinced he was groomed by Bill Clinton.

originally posted by: MotherMayEye
a reply to: DogStarIn1066

Doesn’t make me go “hummmm.”

I don’t even know if I believe that Trump was ever worried about the Stormy Daniels story being made public. It’s going to provide a fabulous distraction for Democrats to feed on but doesn’t hurt his reputation at all.

Times like this make me convinced he was groomed by Bill Clinton.

Why did he agree to pay her hush money then?

Am I the only one that thinks this is orchestrated from day1 by Trump? Stormy is controlled opposition. The is Bill and Hillarys playbook taken 1 step further by creating before a scandal instead of after.

And this thread lends credibility to my theory. It looks too good. All these speculations and gossip become just that in the end as everbody is focused on Stormy. Probably for another 6 years we will hear about her story she cannot wait to tell.

My guess is it is quite possible, if it is true, that they had sex together.

But it smells of trickery and my guess Trump did it in anticipation of what was to come and he and Melania can actually laugh about it together.



a reply to: MotherMayEye

I should have read the thread to this post
We are thinking alike. Trump planted Stormy.
It even fits the "storm" meme
a reply to: MotherMayEye

a reply to: DogStarIn1066

quick question that's been bugging me, (sorry if its seemed a derail) but did you mean to quote yourself in this thread ?


Its been a very long weekend for me, and I very well could have missed the clues pointing elsewhere if so I apologize.

Maybe that was payday for work done this year. Isn't that how Dennis Hastert got taken down? Paying out hush money? Stormy might be a private contractor
a reply to: DogStarIn1066

originally posted by: DogStarIn1066

originally posted by: MotherMayEye
a reply to: DogStarIn1066

Doesn’t make me go “hummmm.”

I don’t even know if I believe that Trump was ever worried about the Stormy Daniels story being made public. It’s going to provide a fabulous distraction for Democrats to feed on but doesn’t hurt his reputation at all.

Times like this make me convinced he was groomed by Bill Clinton.

Why did he agree to pay her hush money then?

Maybe he set up a convenient scandal to keep his detractors occupied and distracted?

Maybe he arranged all of this with Stormy to funnel money his way from eager donors to Stormy’s legal fund.

I believe Stormy and her lawyer knew/know the agreement is legally binding. I believe they realized the *legal mistakes* in the Side Letter and understood the terms, etc. agreed to.

OR maybe he slept with her and her lawyer is just completely incompetent. She can sue her lawyer for allowing those *legal mistakes* to go unnoticed if she has to pay out to Trump.

Time will tell.

a reply to: bulwarkz

You are not alone in thinking she’s controlled opposition.

Any piece of tail that requires a contract can carry on down the road.
Call me old fashioned.

a reply to: MotherMayEye


Delivered is likely implied.

I know in a legal class I took it recently covered contract law..

Contract law is actually set up around the snail mail system. A contract is valid the second you send it. Not when it is received... if you sign a contract and send it in. The other party doesn’t even technically have to receive it.


However, a whole lot is based around the signature.

With this you had trumps lawyer sign for trump, without trumps knowledge..


So I don’t see how that could ever be binding.

See the lawyer made an agreement with trumps lawyer, on behalf of trump. THEN IS CLAIMING TRUMP DIDN’T KNOW ABOUT IT, but he still forged his signature..



So he forged trump signature without trumps knowledge..

That can’t be binding.