In an interview on NBC’s “Today,” the attorney for former adult film star Stormy Daniels refused to say whether his client still possessed text messages or photos related to an alleged sexual affair with President Donald Trump.
The attorney, Michael Avenatti, said, “yes,” Daniels did had a “sexual relationship” with the president, in response to questions from host Savannah Guthrie. When asked about proof, Avenatti was coy:
Guthrie: “Does she still have photos, images, text messages, documents, that verify this claim?”Avenatti: “That’s a question that Ms. Daniels will have to ultimately answer.”Guthrie: “Do you know the answer to that question?”Avenatti: “I do know the answer, and I am not at liberty to disclose that this morning.”
Avenatti knew he was wading into boiling-hot water with that question, and his response was appropriate. The purported secret agreement, which Avenatti filed in open court Tuesday, required several things. First, it required Daniels and her attorney to turn over to Trump any such evidence in their possession. If that was not possible, they were to destroy it. Further, the agreement stated that Trump would receive the proceeds if she tried to publish it or provide it to the media, in addition to a $1 million liquidated damages clause for each piece of information Daniels disclosed. If that wasn’t enough, she appeared to agree to assign to Trump the copyright to pretty much anything she had which pertained to him, meaning he owns it, not her. That gives him the right to determine where it goes under the Copyright Act, as we previously discussed here.
From a public relations standpoint, disclosing any proof of the relationship would be huge. Legally, however, depending on whether the court vacates the purported agreement, it could be risky.
[Image via screen grab from NBC.]