Stormy Daniels' Attorney Files Motion Seeking to Get Trump Under Oath

“We expect to be placing the president and his fixer under oath in the coming months”

Michael Avenatti, the attorney for adult film star Stormy Daniels, filed a motion seeking to depose President Donald Trump and his attorney Michael Cohen as part of an ongoing lawsuit against the president on behalf of Daniels. The suit alleges that Trump never signed a nondisclosure agreement that Cohen negotiated with Daniels regarding an affair the actress claims she had with the then-Apprentice host in 2011. If Avenatti is indeed granted permission, the deposition of both men should be of great interest to Special Counsel Robert Mueller.

After CBS News reported that the motion was filed, Avenatti confirmed the report on Twitter, pointing out that the motion is scheduled to be heard in a little more than a month from today:

The motion is set to be heard on April 30, 2018. We are confident that the Court will permit the requested discovery after applying Supreme Court precedent and the well established law in the Ninth Circuit. https://t.co/PQh6UlNyNL

— Michael Avenatti (@MichaelAvenatti) March 28, 2018

Hours later, he appeared to be baiting Cohen:

Can someone please ask Michael Cohen to call down to central casting again and order up a new hack to speak on his behalf? I’m bored with batting around David Schwartz. #neednewchallenge #basta

— Michael Avenatti (@MichaelAvenatti) March 28, 2018

Did Trump Attempt to ‘Benefit His Presidential Campaign’?

Setting aside the fact that the scope of questions that can be asked during discovery is generally broad, there are questions outlined in the motion that relate to Mueller’s investigation of the Trump Campaign’s behavior. Page 14 of the motion asks:

whether Mr. Trump is “David Dennison” or “DD” as referenced in the Hush Agreement;
whether Mr. Trump knew about the Hush Agreement;
whether Mr. Trump knew about the hush payment;
whether the hush payment was made with Mr. Trump’s own money, money, from his presidential campaign, money from The Trump Organization, another source linked to Mr. Trump, or from Mr. Cohen;
what was the scope of Mr. Trump’s participation or involvement in the Hush Agreement?
what was Mr. Cohen’s role?
what is Essential Consultants, LLC, who are its members, and what other business does it conduct?
whether Mr. Trump approved or authorized Mr. Cohen’s actions;
whether Mr. Trump consented to be a party to the Hush Agreement
whether Mr. Trump consented to the contractual obligations imposed on him by the Hush Agreement;
if so, whether he actually communicated any assent to the Hush Agreement to Plaintiff given that he never signed the Hush Agreement?;
whether Mr. Trump was personally involved in an effort to silence Plaintiff in order to benefit his presidential campaign by preventing voters from hearing Plaintiff speak publicly;

Precedent clearly exists for a sitting president to be deposed. Most people over the age of twenty-five likely remember then-President Bill Clinton’s deposition in January of 1998 in response to a sexual harassment lawsuit filed against him by Paula Jones. Leading up to the deposition, the Supreme Court unanimously ruled that a sitting president is subject to the same laws that apply to all other members of our society and that deferral of this litigation until petitioner’s Presidency ends is not constitutionally required.

Looks like the forecast calls for a stormy spring in the White House.