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.

Abdulhamid Hosbas/Anadolu Agency via Getty Images; Joe Raedle/Getty Images

Government Executive—"government's business news daily and the premier digital destination for senior leaders in the federal government's departments and agencies"—reported news from the White House that many suspected but which is now confirmed.

The Trump administration is making concerted efforts to purge the civil service of any employees not loyal to President Donald Trump.

Keep reading...
Tasos Katopodis/Getty Images // Michael Ochs Archives/Getty Images

Since the disco era of the 70s, the Village People have been a mainstay on dance floors, in arenas, and virtually every other gathering.

You'd be hard-pressed to find a person who doesn't know the YMCA dance or the chorus to Macho Man.

Even President Donald Trump has used their songs in his rallies—most recently on his visit to India, where over 100,000 people watched the President enter to Macho Man, much to the glee of his supporters.

Keep reading...
BRENDAN SMIALOWSKI/AFP via Getty Images // Seung-il Ryu/NurPhoto via Getty Images

As the coronavirus pandemic spreads through Asia, the Middle East, and Europe, concerns are growing that President Donald Trump's administration isn't doing enough to prepare for the virus coming to the United States.

Trump's Health and Human Services department was criticized this week for only requesting $2.5 billion in emergency aid—a sum that lawmakers feared wouldn't cover the supplies and services needed to contain the virus.

Keep reading...
BRENDAN SMIALOWSKI/AFP via Getty Images // MANDEL NGAN/AFP via Getty Images

President Donald Trump's constant Twitter commentary about the Roger Stone case has made an already chaotic, years-long proceeding into an even greater circus.

Trump's former campaign advisor Roger Stone was convicted by a jury of his peers on numerous felony charges, including lying to Congress and obstructing justice. The Justice Department took the nearly unprecedented step of overriding its own prosecutors' sentencing recommendation after Trump tweeted in his former advisor's defense.

All four prosecutors resigned as a result. Stone was sentenced to three years and four months in prison.

Keep reading...
Samuel Corum/Getty Images

Senator Marco Rubio (R-FL) took a break from tweeting bible verses to chastise the performances of Democratic presidential candidates in Tuesday night's debate.

It didn't go as well as he'd hoped.

Keep reading...
C-SPAN/YouTube

For many years, the so-called miracle on ice was a point of pride for people in the United States.

A group of amateur college hockey players faced off against the Soviet Union's Red Army champions in the 1980 Olympics in Lake Placid, New York.

Keep reading...