Donald Trump May Have to Go Under Oath in the Stormy Daniels Case

(Photo by Joe Raedle/Getty Images)

In a motion filed Wednesday morning in federal court, Stephanie Gregory Clifford's attorney Michael Avenatti requested permission to depose President Donald Trump and his private attorney Michael Cohen. Clifford, known professionally as Stormy Daniels, alleges the president and she engaged in a  sexual encounter in 2006 while he was married to Melania Trump. Then, in 2016 Trump paid her to keep quiet about it.

The motion defines the president and his private attorney's deposition as a period "of no greater than two hours" in duration and about a non-disclosure agreement Clifford signed 11 days before the 2016 election in scope.

Cohen paid Clifford $130,000 at that time. The deposition intends to determine if the president had a role in the payoff for Clifford's silence about the extramarital affair.

In an interview with CBS This Morning, Avenatti said once they "get to the bottom of this" they will prove America was told "a bucket of lies" by the president and his attorney.

We want to know the truth about what the president knew, when he knew it and what he did about it as it relates to this agreement. We're gonna test the veracity or the truthfulness of Mr. Cohen's, his attorney's, statements."

Avenatti feels confident of approval for their request for a deposition based on legal precedent set by the U.S. Supreme Court during the Clinton administration.

"It is well founded, it was well thought out, it's incredibly documented," Avenatti remarked. "It's well supported by the law and we're confident in the motion."

The motion refers to Bill Clinton v. Paula Jones where the Supreme Court concluded

the Constitution does not offer a sitting President significant protections from potentially distracting civil litigation."

"The Supreme Court already decided that a sitting president can be deposed in connection with a civil matter and if that was the law then, it certainly is the law now, it hasn't been overturned," Avenatti said.

In regards to the need for a deposition with both Trump and Cohen, Avenatti stated, "We raised this motion with the other side and I think one of the things that was significant during that meeting was we asked Mr. Harder, Mr. Trump's attorney, whether Mr. Trump was a party to this agreement and we heard crickets."

They don't know. He said they don't know yet whether Mr. Trump was a party to this agreement. How do you not know whether you're a party to an agreement unless you're just trying to make it up as you go along."

The full motion, 31 pages long, can be viewed in its entirety below. According to the filing, a hearing is set for April 30, 2018.

Drew Angerer/Getty Images

The health crisis in the United States continues to worsen in the face of the global pandemic, passing the 100,000 mark of confirmed virus cases—just days after earning the grim distinction of having more cases than any other country in the world.

Due to a dire shortage of lifesaving medical equipment, governors across the country are imploring the federal government to invoke its powers to compel private companies to manufacture more equipment and oversee distribution of what's already available.

Keep reading... Show less
Drew Angerer/Getty Images

The saying "While the cat's away the mice will play" refers to people taking advantage of the absence of oversight to do as they like. While that is an apt description for what is happening now with the Trump administration using the public's focus on the global pandemic to roll back environmental protections, perhaps a better saying is "The inmates are running the asylum."

In other words, those least capable of running a group or organization are now in charge.

Keep reading... Show less
Photo by Erin Schaff-Pool/Getty Images // Senate Television via Getty Images

In the face of the public health crisis that's upended daily life in the United States, the historical impeachment trial of President Donald Trump—which ended on February 5—feels like a lifetime ago, despite captivating. a nation as late as last month.

One of the chief criticisms of the Republican party during the proceedings was the claim that Democrats were trying to undo an election that was only months away, out of fear that Trump would be reelected.

Keep reading... Show less

Rocco DeLauri Sr./YouTube

President Donald Trump, his administration, and his allies continue to accuse the media of promoting hysteria even as the pandemic that has taken over the United States claims over 93,000 cases and 1,400 deaths.

Keep reading... Show less
MANDEL NGAN/AFP via Getty Images

At a recent press briefing on the current health crisis facing the United States, President Donald Trump's pandemic response coordinator, Dr. Deborah Birx, made a highly misleading claim.

Birx said that "almost 40 percent" of the country had experienced a low level of spread of the virus despite having early casesk.

Keep reading... Show less
Tasos Katopodis/Getty Images

As the national health crisis in the United States continues to worsen, New York has quickly become the epicenter of the pandemic in the United States.

New York City alone has over 20,000 confirmed cases of the virus, and the state's death toll skyrocketed by 110% in just 36 hours this week. The urgency is only exacerbated by a shortage of crucial ventilators to combat the respiratory virus.

Keep reading... Show less