Happy Friday Facebook and YouTube. It is March 23rd, 2018. March 23rd. All right. Spring happened this week. Anyway, welcome to Disclosure Live with Brandi Awesome Law. Today we are going to discuss the current situation.
unfolding between Stormy Daniels and Donald Trump. But before we do, we have a few things we want to get to. First, thank you for joining us. And who am I sitting with? My name is Jonna. I’m the marketing director here at the law firm. And I’m still in school. Are you graduating? Yes. I’m graduating in May. And what’s your degree in? Oh.
My degree is in social work, and I’m double minoring in political science and African American studies, and I’m getting a diversity certificate, and I’m pre-law. Yes, all of that. And you said school, but you didn’t mention which school. You are local, correct? Yes, I go to UTA, or the University of Texas at Arlington. She started as an intern over the summer last year, and we liked her, so we kept her. And we have enjoyed having her here, and she’s helped us
Do all the Facebook, and this is your first time doing Facebook Live, correct? Yes, I’m normally behind the camera. Those are the people who are yelling, it’s Hunter and John that we bark at sometimes, but we love them. It’s okay, it’s okay. All right, so let’s talk about something fun first, okay? Okay, so we started doing National Day Of at the beginning of every Facebook Live.
And today we have three. We have National Chia Day. And we talk about ch-ch-ch-chia. Yeah. Okay. That’s fun, right? So it’s supposed to be like a healing seed, so I never knew. Also a pet. Also a pet. I never knew. Yeah, I put chia in my smoothies, and sometimes people put them in yogurt. So it’s the same thing. Like, uh-huh, it’s a seed. It grows. You know.
Like all those other weird things. Flax. I’m sure. So apparently it’s really healthy. Eat germ. Yes. Those are neat. Yeah. So they’re really healthy for you. National Chicken Dip Day. You know, I’ve reintroduced myself to French Indian dip and I enjoy it. I’m just about salsa. And then National Puppy Day. I like puppies. I know. Does anyone not like puppies? Not you? You like puppies? Yeah. I like puppies.
I wish we could have brought a ton of puppies and had them. Maybe some chips and dip. A bunch of labradoodles. Labradoodles are a little overexcited a lot. And they are, like, so much energy. They look like fried chicken on camera. Okay, fried chicken on camera. Anyway, we have two huge announcements next week. I mean, one really, really big one, one big.
Fun win, but I hope you will join us next week on the current location that you’re viewing us, which is probably YouTube or Facebook, and this will get tossed around a few different places probably. So 2 p.m. next week, join us. All right, so let’s get back to the topic of today’s show. Stormy Daniels.
And Donald Trump. Okay, so before my fellow conservative followers get up in arms about the liberal media, first, thank you for calling me media. That’s exciting. Second, we like to keep things cordial around here. We’re a law firm. A lot of lawyers do end up in politics. I’m not saying that no one here will end up in politics. Not me personally. But, you know. One day. One day. So we’re going to keep it…
So we’re going to discuss it from the legal standpoint and not so much from the salacious headline standpoint. Because at the end of the day, this is a contract dispute. So let’s talk about the contract. And we don’t know everything that’s really going down. We are guessing. I haven’t read the lawsuit or any of it. I’m guessing based on the information and the topic of NDAs, right?
Okay, so I’m going to talk a little bit about Stormy Daniels. Tell me who she is. She is a wonderfully young woman. She was born Stephanie Gregory Clifford. She’s professionally known as Stormy Daniels or just Stormy, whichever one you want to call her.
She is an American adult film star, but she’s also written some screenplays and she’s a director. And at one point in time, she was thinking about running for Senate seat in Louisiana. So she’s somewhat politically active. And this wouldn’t be unheard of for an adult film star to be in politics because there is a mayor or something somewhere in one of the northern states, the cold places. It was a film star, an adult film star previously.
So not unheard of, but she has a much more well relevant background than I was aware. So that’s good. Yeah. I wasn’t aware of that either, but she’s doing well. So tell me how and why are we even bringing up Stormy Daniels and Donald Trump together? How do they know each other? So around 2006, Stormy Daniels was at a golf tournament and I believe it was for a charity. Yeah. I think it was for a charity and she met him there.
and supposedly something happened, allegedly, we are unsure of. Of a sexual nature. Yes, of a sexual nature. Was it in the course and scope of her employment? I’m not sure. Interesting question. Interesting question. But recently, as recent as 2016, she had to sign an NDA, and so that’s what we’re going to talk about today. She wants to talk about
what she isn’t allowed to talk about, and she’s trying to get out of that NDA, from what I understand. I believe so. And that is technically what she’s requesting from the court. So, all right. She signed an NDA. So an NDA… Where are you going, Hunter? Hold on. So what is an NDA? Well, it’s an honest pleasure agreement. So, it basically means…
If you sign it, you’re not supposed to disclose something, right? Right. But she wants to. Wants to, very bad. So the question then is, can she just change her mind? Well, if I buy a house, can I just give it back if I change my mind? No. No, you cannot. It’s really, she, so there was an offer, and she accepted an offer, and now she wants to change her mind, which would be great if we could all just change our minds if we didn’t like something, right?
I know I’ve spent a few extra dollars on shoes that I didn’t want to keep in war and then couldn’t return. But here we are. Once the party makes an offer and the other party accepts it, there’s a contract and both parties must fulfill their respective ends. You can’t just say I changed my mind and the contract goes away. Unfortunately, if there is a contract and that being the nondisclosure agreement or NDA,
That contract, if both parties did something, you know, if Donald Trump or someone related there to allegedly paid $130,000 and she took that $130,000, we got some, you know, we got like an actual contract that has to be followed. So with the NDA and her wanting to get out of it, from what I understand, she’s trying to say that since the notary didn’t sign it and Donald Trump didn’t sign it, then…
she should be able to get out of the NBA, is that correct? Is that what her argument is? So, she’s basically asking the court for a defunctory judgment, which is basically, instead of asking for a monetary amount or money award, so a lot of times in personal injury cases, which we do, we’ll say, you should pay me $100,000 because you injured me. There is a value placed on a claim and
you are requesting that that claim be paid for whatever wrong was done. Here, Mrs. Daniels or Ms. Daniels is requesting the court decide whether she has to abide by the NDA. So basically whether all of it is valid. So if she disclosed the information that was covered by the agreement,
she could immediately be sued and probably forced into arbitration and no one would know about it because it just immediately goes to arbitration. But she filed this lawsuit first and so was able to control how the public heard about the agreements. They call it a hush agreement. We don’t know the details. I don’t know that this hush agreement was actually from Donald Trump. We are suggesting it is because she has suggested it is.
but it was not signed by Donald Trump. Or the notary, so there’s two signatures that are missing. Right, so to the notary end, a notary is just a person that says, this is Jonna, I saw her sign it, it was her that signed it. So even if as a notary, which I am also a notary, even if as a notary I didn’t sign it, she’s…
So, Johnna would not be disputing, and Stormy Daniels is not disputing, but that’s her signature. So, she signed it. She agrees that she signed it, so the whole notary point is moot. Some documents, like affidavits, require a notary, but not if the person who allegedly wrote the affidavit says it’s theirs. Okay. Because that’s just, you know, there’s no point. So, back to the Donald Trump did not sign it. Does it count?
Well, did she accept the $130,000? She did. And she probably spent that, I assume. I’m assuming. Now, I did see that she said she’d be willing to give back the $130,000. Again, with the returning issues in the house, right? So he made it, allegedly. Again, it could be somebody else, and she’s just saying this. But allegedly, Donald Trump gave her $130,000 as part of this offer. She accepted and used the money. And now it was…
in order to not disclose certain things. So there was an offer and acceptance and all that. The details, and again, him not sending it, is some evidence. It might get past what we call a motion for summary judgment, but that doesn’t necessarily mean that she’s going to be allowed to disclose everything. Right. Now, I read somewhere that she has already spoke out about this,
She’s done an interview, she’s had a lie detector test, all of that, and this was actually before she signed the NDA. So if she’s already spoke about it previously, does the NDA still count? So there was a similar episode of Scandal, believe it or not, another presidential quandary. Okay, so in Scandal…
somebody revealed on a local news station something about an up and coming politician. And so the white hat people ran and paid them off and said, you know, don’t do anything with it. So they already spoke out and they didn’t do a contract until after. So it still counts, but not to things that have already been done. However, if that information was held by or given to the news station, then the news station owns that. And so you have to pay the news station too.
So you just start paying people and whatnot. So yes, but I don’t know that Stormy Daniels or Ms. Daniels, Ms. Clifford, had an attorney when she signed the NDA. You don’t want to get into a situation where you retroactively agree to something that you can’t agree to. Again, I haven’t seen it myself. I imagine it’s probably sealed somewhere.
But there could be some issues. You can retroactively say anything. But if you’ve already done it, it’s already out there, you can’t take it back. So I assume it says something like, we’ll no longer talk about anything that happened, and we’ll not comment on any of the things that happened when you did talk about it previously. It should be very specific. And NDAs are actually common in employment contracts.
and vendors and things like that because you don’t want them to disclose trademark confidential information. So even if somebody tried to get that footage from the radio station or the TV station, they would have to pay. It depends on what the TV station agrees to. I don’t know when the NDA was signed. It was 2016. Which is another part of what’s so controversial about it is
that it was signed during the presidential election while we were in the midst of that. Those are other issues that could possibly come up. Who was paid to, where the money came from to cover the payments, who was the staff or members of the team that located the information and how they got there, how they were paid, all becomes big issues. Lots of new stuff.
So the alleged affair happened in 2016, but the NDA was not signed until 2016. 2016. So 10 years. I’m sorry, how old was Stormy Daniels in 2006? How old is she now? I think she was 23 or something. So she was like 33 now? Yeah, somewhere in there. She was younger. She now lives in Texas, in Dallas. No way. Just a little bit of information. I’m sure you’re watching. But…
Is there a time limit on when that can happen? No. People can agree to whatever they want. You’re free to make the contract however you want. Whether it’s 100% enforceable, it’s going to depend on the contents, the execution, and what exactly you’re trying to hide. Or keep from being disclosed. Right. So if you agree to it, then… It’s a contract. You accepted money for it, you agreed to it, presumably you read the contract. Okay. Now, what are the consequences if Ms. Daniels
does disclose. So if she discloses things before the court makes a judgment or makes a ruling on whether this is a valid NDA. Okay, so many NDAs actually have clauses related to damages. They’ll say, a lot of times they’ll have a liquidated damages clause. This one does have a liquidated damages clause in a sum of $1 million
for each breach. Now, each breach, so every time, so she did like the circuit of daytime talk shows or news channels, ABC, ABC, CBS, Fox News, all of those. I don’t have cable, so I’m just going down the ones on my channel from four to F1. Anyway, okay, move it on. Then that would be one million per breach. Okay.
So if you notice, she says she is only giving one TV interview. Yes. And I think they’ve already filmed it? Yes. Okay. She’s only giving one TV interview. So she’s breaching one time. I guess there could be a claim that as many times as it’s replayed, but that’s not real. I mean, yeah. But one TV interview already.
Somebody could have put up a million dollars to pay for it. And I think she has had offers for that. What? No. Yes, people have offered to pay that for her. Is that Vladimir Putin? No. No, okay. But there’s a caveat. So the amount of liquidated damages can’t be used to penalize the person for breaching the contract. There has to be a reasonable explanation as to why it’s $1 million. And that he actually, he being…
Okay, so let me back up. In the lawsuit, it blanks out the names and just puts initials, and D.D. is, they’re alleging it’s Donald Trump. And we were just assuming, so if the president suffered, or D.D. suffered $1 million in damages, then there’s potential that the liquidated damages clause is valid and reasonable, therefore she will have to pay $1 million.
If it is Donald Trump, it’s probably going to be true because he is the president, and this is theoretically going to tarnish his reputation. Yes. Allegedly. Tarnish. But if it’s not Donald Trump, who is the person that was damaged that’s going to have damages that are worth a million dollars? Okay, so if you have a very wealthy person whose wife then divorces him because he cheated on her with Ms. Daniels,
then theoretically a disproportionate amount of the estate or of the marital community property, assuming it’s a community property estate could go to the wife. And then, then there would be at least a million dollars in liquidated interest, but we’re getting like way in depth, right? So, but yes, it is possible to get 1 million per breach. It’s possible to do a lot of things. We don’t have all the information if it is the president,
and she does agree to breach it, she does have actual evidence that it is him, it does tarnish his reputation in some way, then yes, $1 million is probably likely. She’s been pretty smooth about not saying anything. She doesn’t have a choice. She can’t say anything. You can’t just buy a house and give it back. Yeah, and she’s done some talk shows, and they’ve asked her questions, and she’s not saying anything. So currently, she probably has a very good attorney who is well-versed in this contract litigation and has advised her appropriately. Yes, good job.
What are President Trump’s options and what are the consequences if he loses? Okay. So, again, allegedly Donald Trump, D.D., whoever that is, he could deny, Donald Trump could deny that D.D. is in fact him. And that means that Stormy or Ms. Daniels is fully within her rights to release the photos and text message that Trump denied the existence of. And they were apparently…
worth $130,000 in hush money. So if he denies that DD is him and nobody shows up to the suit, you know, no answer. There’s a judgment in her favor. Nobody wants to claim it. No big deal. $130,000. Second option is that if DD is Donald Trump and he says, you know what? I’m entitled to all of the protections in my contract or just nondisclosure agreement.
So this might prevent Ms. Daniels from releasing the material. But, alternatively, it will confirm that, potentially, again, allegedly, I am not saying 100% either way this is what’s going to happen, that he or Michael Cohen committed campaign finance violations. That’s really bad. And they set up LLCs to conceal that. Crime. Which I don’t know all the details of. Right. But that’s kind of the rock and hard place that we’re at.
So then at that point, Ms. Daniels is free to disclose everything and anything she wants to disclose. Oh, let’s go back. So what if Stormy Daniels just wins? Yeah. And she can disclose whatever she wants, right? Right. So if they’re married and public office, or maybe get some sort of agreement ahead of time before you do these things,
because we’re a general practice law firm and we’ve been here, we’ve been talking for what, 15, 20 minutes now, talking about, we’ve covered family law, we’ve covered business law, we probably hit on estates a little bit because trust and moving that money around. So it can affect every area of law, plus criminal law. I mean, now we have ramifications that could lead to criminal law and all this could be avoided if whoever DD is would have kept himself together.
Just for a little bit. Or taking care of this right on the spot when things were happening. My understanding is that some celebrities have a person that does it ahead of time. They just walk around with these NDAs and just start, you know, handing them out. They do walk around with people who, in fact, do have the NDAs. Yes, those NDAs have been reviewed previously. So they are there. This is something that does happen. But now we’re, you know, retroactive. Because before…
2015, nobody really thought Donald Trump would run for president or would be president. Nobody, very few, Bernie Sanders, but other than Bernie Sanders, very few people anticipated that we could be in this position. Right. So I don’t think that it was something that he even considered back then. And, you know, as it, how it relates to divorce, you know, Donald Trump’s been divorced several times, so he could have just handled that, you know,
those issues ahead of time. I don’t know. Yeah. Do you have any other questions? Um, well, I think, I think we’ve covered most everything. The only thing is if Donald Trump does state that he is DD, I mean, we know about the finance finances from the campaign, but does that, I mean, does that let any American people know like he in fact did do this? Yeah. Cause he’s confirming that he is the one that, that
gave the money and the non-disclosure agreement to Ms. Daniels. And so he is the one who did the things that she’s not to disclose. But it doesn’t say. And she can’t then say what happened to cause the disclosure. Right. So… None of the information would come out, but we would have confirmation of other things. Well, there would be the issue of a campaign finance violation and…
forming businesses to conceal things that, whatever it was the NDA was for. We were just guessing, it’s salacious, and you know, because she’s an adult film star, and there’s a large sum of money, so we’re just assuming, I don’t know, and she’s alluded to it, but there has been confirmation that it was a sexual interaction. That’s just what we’re guessing because of her profession, which we shouldn’t do, because that’s kind of,
awful of us to just assume, but I think that she’s kind of alluded to it. Yeah, I think she has as well. I think there’s just… So I won’t feel so bad. Yeah. Okay. Anyway, well, thank you for joining us. If you have any questions, feel free to send us a message, call our office, 817-841-9906. You can find us online, brandyawesomelaw.com. So just one more time, I don’t have any information regarding either one of these, and I don’t want to give
commentary on either people in their respective roles, just the information that we have deduced. From the media? Yes. People shouldn’t cheat on their spouses, just in general. It ends up bad. I think we’ve talked about that a few times. Divorce is something that we rarely discuss. And crimes, obviously, we don’t want to commit those because we’ve discussed that too. We don’t want to go to prison. So whoever DD is, he’s got himself into a pickle. Mm-hmm.
So I guess we’ll find out. 60 Minutes interview airs on Sunday. I don’t know that she’s disclosing the NDA. I don’t know. Or what happened. And you know what? I have no idea what’s going to be in there. I don’t either. It is her one interview, though. The one $1 million breach. So we’ll see. Anyway, we will see you next week, next Friday, 2 p.m., for our two big announcements. Thank you for joining us. Have a nice weekend. Bye.
And YouTube out.
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