BuzzFeed maneuver could free Stormy Daniels to speak on Trump

Source: Politico | March 14, 2018 | Josh Gerstein

BuzzFeed may have found a legal opening to allow the porn actress Stormy Daniels to discuss her alleged relationship with President Donald Trump and a $130,000 payment she received just before the 2016 election as part of a nondisclosure agreement she is now trying to void.

The same Trump attorney who brokered the deal with Daniels, Michael Cohen, filed a libel suit in January against BuzzFeed and four of its staffers over publication of the so-called dossier compiling accurate, inaccurate and unproven allegations about Trump’s relationship with Russia.

Now, BuzzFeed is using Cohen’s libel suit as a vehicle to demand that Daniels preserve all records relating to her relationship with Trump, as well as her dealings with Cohen and the payment he has acknowledged arranging in 2016.

On Tuesday, BuzzFeed’s lawyer wrote to Daniels’ attorney asking that the adult film actress, whose real name is Stephanie Clifford, preserve various categories of documents. Such preservation letters are often a prelude to a subpoena. If Daniels’ testimony is formally demanded in a deposition, the nondisclosure agreement would likely be no obstacle, legal experts said.

The letter from BuzzFeed’s attorney, obtained by POLITICO, argues that Cohen’s role in paying Daniels is similar to allegations in the dossier about Cohen. The dossier alleges that Cohen met Russian legal officials and legislators in Prague in August 2016 in a bid to “sweep … under the carpet” details of the relationship between Russia and Trump campaign officials like Paul Manafort and Rick Gates. Cohen has flatly denied the claim.

“Mr. Cohen’s role in President Trump’s 2016 campaign, including but not limited to any payments he made or facilitated to third parties during or in connection with the campaign, is therefore directly relevant to” Cohen’s suit, BuzzFeed lawyer Katherine Bolger wrote.

Bolger asked Daniels to preserve all records of negotiations, agreements and payments involving Cohen, but also for more direct proof of Daniels’ alleged connection with Trump, including “any and all documents or communications about any relationship and/or sexual encounter(s) Ms. Clifford had and/or was alleged to have had, with President Trump.”

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