Stormy Daniels claims President Donald Trump never signed their
settlement agreement and she's free to discuss their alleged affair
as she pleases, according to a lawsuit filed Tuesday \in Los Angeles County Superior Court.
Suing under her legal name, Stephanie Clifford, the adult film star claims
even if Trump's missing signature didn't invalidate their agreement,
her obligation to keep quiet ended when his attorney Michael Cohen publicly discussed it.
According to the complaint, both Clifford and Trump used pseudonyms in the contract.
Hers was Peggy Peterson and his was David Dennison.
Clifford claims she and Trump began an affair in 2006 and their
relationship continued through 2007. When the now-infamous 'Access Hollywood'
tape created a scandal for then-candidate Trump, Clifford says she
thought about revealing their relationship — but Cohen caught wind of her plans,
which resulted in a settlement and non-disparagement agreement.
"On or about October 28, 2016, only days before the election,
two of the parties signed the Hush Agreement — Ms. Clifford and Mr. Cohen,"
writes attorney Michael Avenatti. "Mr. Trump, however, did not sign the agreement,
thus rendering it legally null and void and of no consequence."
Clifford believes Trump purposely didn't sign it so
he could "publicly disavow" any knowledge of the agreement.
"Despite Mr. Trump's failure to sign the Hush Agreement, Mr. Cohen
proceeded to facilitate $130,000 to be wired to the trust account of
Ms. Clifford's attorney," writes Avenatti. "He did so even though
there was no legal agreement and thus no written nondisclosure
agreement whereby Ms. Clifford was restricted from disclosing the truth about Mr. Trump."
After details of the agreement surfaced in January, Clifford claims
Cohen coerced her into signing a false statement in which she
said reports of her relationship with Trump were untrue.
Clifford also claims Cohen filed "an improper and procedurally
defective arbitration proceeding" against her in February.
She is asking the court to declare the "Hush Agreement" doesn't exist
because the contract was unsigned, or, alternatively,
to hold that it is unconscionable and therefore unenforceable.
On Tuesday, Avenatti shared the suit on Twitter.
Trump's camp could not immediately be reached for comment.
To read the full suit and more on this story, head to THR.com.
For The Hollywood Reporter News, I'm Lyndsey Rodrigues.
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