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Before yesterday, at issue with the contract signed between "Peggy Peterson" and "David Dennison" (Stormy Daniels and Donald Trump, respectively) was whether Trump's failure to sign the contract himself was a relevant factor in nullifying it. It wasn't a great argument because lawyers sign contracts on behalf of their clients all the time and it could be reasonably argued that Daniels took the money as "good faith" recognition of the contract's terms. That left Daniels' lawyer, Avenatti with two possible avenues for nullifying the contract: 1)argue that Trump left the space blank with the hopes that he might leave himself room to deny it later, an extremely credible argument considering the timing and the circumstances, and 2)argue that a contract is nullified if it is itself illegal and/or bad public policy. These aren't bad arguments, but they're not airtight.
But then David Schwartz, Michael Cohen's lawyer, decided to do a run of televised interviews. In them, he argued repeatedly that Trump had no knowledge whatsoever of the contract or the payment to Daniels, which means that the contract, seeing as it was drawn up without the knowledge or consent of the person being represented...is no longer a contract. No Trump, no contract. Oh, and Cohen has now opened himself up to the possibility of being disbarred.
"Wait," you argue. "The contract was drawn up between Daniels and EC LLC, the company Michael Cohen formed for just this occasion." Unfortunately, that argument doesn't work for two reasons: 1) This section is baked into the contract:
"The following agreements, warranties and representative are made by DD as material inducements to PP to enter into this Agreement, and each Party acknowledges that she/he is executing this agreement in reliance thereon:"
In other words, the contract only lists remedies available to DD, not to the LLC. In other words, only Trump can enforce the contract. Which is why I say, no Trump, no contract.
And 2)"Michael Cohen left the option open. That's why he left the signature line open to go to him [Trump]. He chose not to bind the LLC, EC LLC and Stormy Daniels into the contract."
https://www.cnbc.com/2018/03/29/sto...r.html?__source=sharebar|twitter&par=sharebar
It's a porn star and her ambulance chasing lawyer versus a billionaire President, and thus far the best that Trump's legal team is able to muster is
I have been party to signing court documents & believe me, if the documents are not signed by the relevant parties the documents don't mean **** ........