Discussion: Judge Denies Stormy Daniels' Motion To Depose Trump And Cohen

Time to appeal!

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Does this imply a negative outlook for her lawsuit?

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Activate the Popehat signal - I need a lawsplainer.

I sort of assumed a deposition was almost automatically forthcoming. Why isnā€™t it?

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This is outrageous. The quality of her motions has never been questioned before.

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Not a big deal, actually.

The denial is ā€œwithout prejudice,ā€ which means they can renew the motion later.

And the reason for the denial is that they made the motion too soon. Cohen/Trump havenā€™t filed their own petition to compel arbitration yet, and Stormyā€™s motion deals with issues that technically arenā€™t before the court until that petition is filed.

So it was a bit of a stunt on Avenattiā€™s part, but no harm no foul. Theyā€™ll be back again soon enough, assuming the petition to compel arbitration gets filed, and then theyā€™ll get a hearing on the merits.

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Thanks! I figured it was probably some matter of procedure, rather than a big honking deal.

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Thanks for that info, j.dave! The article couldnā€™t have been less informative or more detail-free. Iā€™m surprised by Caitlin - this is uncharacteristically shoddy reporting.

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You nailed it. Iā€™m not an expert on CA law but Iā€™d also ad that any judge touching something this radioactive to their personal reputation (remember weā€™re dealing with right wingers here) without doing everything by the book. The judge will likely bend over backward to be beyond fair to Cohen and Trump on this - Judges really hate being overturned or corrected on appeal.

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Another smart move by Avenetti. He;s savvy enough to know that the motion would be denied for exactly the reasons that it was denied for.

What heā€™s done is put Cohen and Trump on notice that they WILL be deposed if the move to arbitration, as they want to. So, what he is saying is: Do this thing you want to do, and be aware that you will have to sit down UNDER OATH and let me start asking you questions.

And we all know what would happen to Trump if he is asked anything under oath.

Avenetti sets yet another trap that Cohen and the human shitstain that is his client can walk right into.

What are the odds the stroll right into this buzzsaw? I mean, even I see it and IANAL.

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Iā€™m not a lawyer but I see this differently. Looks to me trump and cohen are boxed in. If they want arbitration, they can be deposedā€¦and they donā€™t want that.

Kinda of, ball is in their court and they can fuck themselves with any return swing.

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The headline had me at ā€œDepose Trumpā€.

(Sigh)

Maybe next timeā€¦

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Iā€™m not a lawyer either, and I have no idea how all the jousting with the motions works. Iā€™m just here to make juvenile jokes. Itā€™s kind of a slow day, no screaming deadlines.

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Iā€™m beginning to think this situation is more like tennis than chess. :slight_smile:

(Ha, so California!)

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the chess vs. tick-tack-toe continues

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Iā€™m not sure what the angle was in this but the denial was certain. Her attorney seems to know this stuff so I guess this was a sacrificing a pawn kind of thing.

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Trump & Cohen & Co will posture & dance around & make noise - but will stop short of making a legal ā€˜actionableā€™ move - they are like a cat carrying on just beyond the reach of the dogā€™s chain - knowing that they dare not step inside the reach of the chain because the dog would eat them in one bite

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Iā€™m confused about what exactly is the purported reason Cohen/Trump gave for paying Daniels. Because Trump has denied the relationship, then why the payoff?

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I agree that it does not harm Stormyā€™s case and that itā€™s another example of Avenattiā€™s skill at keeping the case in the public eye. The first issue that needs to be resolved in the case is whether the parties have made a valid agreement to arbitrate. Stormy is entitled to a jury trial and limited discovery on that issue. But since no motion to compel arbitration has been filed, there is as yet nothing to decide. The complaint has not yet been served on ā€œthe current Presidentā€ ā€“ love Judge Oteroā€™s language ā€“ who entered the case quite recently. So, expect this issue to be rejoined. Or, if no motion to arbitrate is filed, Avenatti can probably get discovery on the merits

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Whatā€™s it say about me that I got your sh*ty little joke? :wink:

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