Sunday, March 11, 2018

Fearing Sharks, Trump Doesn't Like Water Skiing Or Surfing... But Water Sports Is His Thang


Helen's son, a top-notch international arbitration expert, is taking some time away from being a lawyer by spending a year or two communing with nature. Rather than turning to Maureen Dowd about the legalistic intricacies of how Señor Trumpanzee can keep the fact that he has serially hired prostitutes to urinate on him-- and , no, not just in Moscow-- away from his credulous fan-boys, we turned to our own expert about Stormy Daniels and the arbitration deal. He said it was somewhat complicated but suggested there are two main things we should keep our eyes on:
Even if a contract requires you to arbitrate disputes you can almost always still go to court for what we'd call "interim relief." A TRO (temporary restraining order) falls into this category. It doesn't decide the underlying dispute, it just decides the status quo while the dispute is pending in arbitration.

A TRO is one of the few things you can sometimes get ex parte, or without the other party present. The person asking for the TRO has to show that if the TRO isn't granted they'll suffer irreparable harm that can't be compensated by money damages. They also usually have to show a likelihood of success on the merits and some kind of urgency. TRO's are short term orders and once in place can be challenged by the other side. You usually need to follow up with a more involved preliminary injunction proceeding if you want to keep the TRO relief in place for any length of time. Preliminary injunctions can't be obtained ex parte.

My guess is that here Trump's lawyers showed a copy of a contract with a gag order to the judge and said that, assuming the contract is valid, Trump would suffer irreparable harm if the woman violated it by talking. So until an arbitrator can decide who's right and wrong under the contract, the woman can't discuss it. On its face, that's what the contract requires of her.

Make sense? Of course, simply admitting the existence of an arbitration proceeding itself proves that there was a contract since arbitration is contractual by nature. So it's clear that Trump had a contract with a porn star, which is exactly what he's trying to say he didn't have...
So did Stormy piss in Trump's face or on his back or what? And how much did Trump pay the prostitutes to pee on him? Did he haggle and negotiate deals? Is it more expensive in NYC than in Moscow? Now, that's where you'd turn to Dowd and today's Times column, The First Porn President. Trump, she wrote, "is determined to be our most shameless president, running a White House awash in salacious stories and louche characters." And awash in pee-pee?
Asked by reporters Wednesday how Republicans would have responded if President Barack Obama had been charged with cavorting with a porn star (right after his wife had a baby, no less), Republican Senator John Kennedy of Louisiana replied, “I don’t know,” adding, “This is no country for creepy old men.”

Trump’s love life, it seems, boasts more pseudonyms than Frank Abagnale Jr.

Stormy Daniels’s real name is Stephanie Clifford, but she was called Peggy Peterson, or “P.P.” (shades of the dossier!), and Trump was referred to as David Dennison in the 2016 legal agreement Trump lawyer Michael Cohen drew up to buy her silence before the election for $130,000. (He registered a whole new company in Delaware for this purpose. More tax benefits!)

Stormy, the star of 2016’s Sex Bots: Programmed for Pleasure, has learned to be litigious from the master. She sued, claiming the agreement is null and void because Trump, a.k.a. John Barron, John Miller and David Dennison, didn’t sign it. But Cohen slapped a restraining order on the actress, even as she sat for a 60 Minutes segment with Anderson Cooper this past week, presumably to dish without restraint on the Donald.

Alana Evans, another blond porn actress, who has appeared in It’s Okay! She’s My Mother in Law 13 and Dirty Little Sex Brats 9, claims that Trump told her she should come along to his hotel room with Stormy that weekend in 2006 at the Lake Tahoe golf tournament, but she didn’t. Evans’s real name may or may not be Dawn Vanguard.

Jessica Drake, yet another porn actress, who starred in Massage School Dropouts, appeared with Gloria Allred the month before the presidential election to accuse Trump of kissing her without permission and offering to pay her for sex at the SAME golf tournament, a charge Trump denied. In Cohen’s legal agreement, Stormy refers to Drake as Angel Ryan.

The president, who often seems short-tempered, nasty and impatient with others and who has certainly been disrespectful to his wife, showed his sweet side to his mistresses in the skin trade.

He actually took time out from showing Stormy a picture of himself on the cover of a magazine, according to her interview in In Touch Weekly, to ask her about her own work in the porn industry.

“He was very curious,” she said. “Not necessarily about the sex or anything like that, but business questions.” Like how much she made off royalties from the movies.

When she asked what was up with his hair, he laughed with her about it. He gave her his ultimate compliment, comparing her to Ivanka. And he didn’t ask to do anything kinky.

“He wasn’t like, ‘Chain me to the bed’ or anything,” she reported, adding that the experience was “textbook generic.”

While she ate swordfish in his room, he watched Shark Week and confided his terror of sharks, adding, “I hope all the sharks die.”

Oddly, for such a germaphobe, he did not use a condom, she said.

At the Tahoe golf tournament where Trump was pinballing among porn actresses, when his son Barron was a few months old, he also began an affair with a former Playmate of the Year named Karen McDougal, according to Ronan Farrow in the New Yorker. (Trump denies it.)

When he offered her money after sex, McDougal said, she told him she was not “that girl” and he told her, “You are special.”

The Stormy episode is exactly the kind of embarrassing episode that Trump wiggled out of for decades, denying that he knew women who accused him, playing the legal and media angles to kill stories, getting the help of friends and employees to pay off women.

But times have dramatically changed, post-Weinstein.

At the White House on Friday, Sarah Huckabee Sanders tried again to bury the story, saying, “We’ve addressed this extensively and I don’t have anything else to add.”

Goal ThermometerBut that isn’t going to mollify the millions of women who find the president’s behavior sordid and unacceptable. Trump and by extension the Republican Party are facing a gender chasm they may fall into in November.

Disgusted with the Rat Pack role model at the top, women are lining up not just to vote, but to run for office. A historic number are running for Congress this year, and in Texas alone last Tuesday, 25 Democratic women won their primaries or advanced to a runoff.

The White House will keep trying to dismiss Daniels as she is on her “Make America Horny Again” tour, but she’s not going away. As Muddy Waters famously sang the blues, “They call it stormy Monday, but Tuesday’s just as bad; Wednesday’s worse, and Thursday’s also sad.”

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At 9:31 PM, Blogger tony in san diego said...

It seems the petitioner who obtained the TRO was not a party to the contract, or a real person in interest, and so has no standing to make the petition.

At 5:38 AM, Anonymous Hone said...

Well, Tony above, you are certainly on to something, although the judge did go ahead and approve the TRO. Clearly, the judge issued this because of the President's involvement. There is NO WAY Trump did not know about all of this - in NY attorneys are mandated to advise their clients about efforts made in their behalf - Cohen could be disbarred if he had proceeded without Trump's knowledge. And with our controlling nut case Prez, does anyone out there think Cohen did anything without Trump's direction and approval? Faggettaboutit. Trump is a control freak.

The word is TEMPORARY in the TRO. The next necessary step for Cohen to pursue in order to uphold the contract with Stormy will require the participation of BOTH parties. Michael Cohen's crude shenanigans in this whole affair are being exposed left, right and sideways and he will not emerge smelling like a rose. Way to go Cohen!! Trump will blame him for all of it, naturally. Apparently, Cohen has been so used to proceeding with these matters for Trump that his routine M.O., which has been successful for decades, was pathetically sloppy and will not hold up to current scrutiny. Stormy's lawyer is one sharp dude and he is shredding Cohen's M.O.

First, it is now clear beyond a doubt that a contract to maintain Stormy's silence exists. Ha ha ha as far as Trump's denials about the whole affair. OMG! Trump lied!! What a shocker!! Second, Trump apparently never signed the contract - this in itself is hysterically funny and we could all sure use a laugh for what the Orange Prez has been putting us through for over a year. Even more hysterical, there are videos of Trump not signing several executive orders, with people trailing after him to get him to do so. It is SO believable that he never signed. For him, it is all about the show and not the details - the actual signing to make things legal holds no meaning for him, as he sees zero meaning in the rule of law anyway. Third, the way Cohen set up LLCs and moved money around to hide Trump's involvement was pathetically amateurish.

Trump does not have "the best people" around him and Cohen is a prime example of one of the worst lawyers, incompetent and the opposite of shrewd. Trump requires shadiness and threats and this exemplifies Cohen. He has functioned as Trump's consiglieri and has likely been involved in many other similar contracts to coerce people to keep silent. So says Michael Wolff in his book, Fire and Fury, who threw out the word "hundreds." (Maybe some of those contracts won't hold up either when under real scrutiny, and then Trump's goose will be further cooked!! I'll bet some of these contracts are now being reviewed with a fine tooth comb.) Trump's M.O. has always involved threats and bullying. Cohen had better go down with Trump and the rest of his crew when Mueller gets finished and judgement day arrives. Unless Cohen becomes another witness for Mueller and spills more beans. Question: How many beans fill Trump's bean jar? Or should I say bean barrel? Or maybe an oil refinery sized container? Lotsa, lotsa beans!

Trump is a stupid, criminal, low life who is deranged and dangerous. This is what we got, folks.

At 7:12 AM, Anonymous Anonymous said...

The description of how to get an ex parte TRO is idealized.

Most courts will happily issue an ex parte TRO just by being asked. There is almost no requirement to show anything. I know this. I've been 'restrained' and didn't even know it.

TROs can be lifted if the other party files to have it lifted and can show that it's bullshit.

This TRO should be lifted. The NDA signor is not a real person and not trump. neither trump nor his shyster have any standing to restrain this woman from talking based on that NDA. Only the most Nazified judge (on the short list for the supreme court no doubt) would refuse to lift it.

At 10:05 AM, Anonymous Anonymous said...

Recall what happened to Deborah Jeane Palfrey once she was called on the carpet and threatened to reveal all. We can only hope that Stephanie's lawyer will do the same for her someday.

At 11:43 AM, Anonymous Anonymous said...

to augment 7:12, not only is the petitioner of the TRO not a real person and not trump, he did not sign it. The TRO is null and void and that judge should be tazed to within an inch of his life... or nom'd for the supreme court.


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