Stormy for President's testimony on claims

Stormy Daniels' attorney seeks to depose Trump and his attorney on $130K payment

Stormy Daniels' attorney seeks to depose Trump and his attorney on $130K payment

Stormy Daniels' attorney asked a federal judge this morning for permission to depose President Donald J. Trump about his knowledge of an agreement to pay the porn star $130,000 a week and a half before the 2016 election.

If Daniels' motion is successful, it would be the first deposition of a sitting president since 1998 when President Bill Clinton had to answer questions about his encounter with Paula Jones.

In the court documents, Mr Avenatti said he wanted to take a deposition from Mr Trump and Mr Cohen for no more than two hours each.

Though he did not rule out a settlement, Avenatti also suggested he would not be happy concluding the case until he gets more information about the hush agreement between Daniels and a business set up by Trump's longtime personal attorney Michael Cohen.

Avenatti is filing the motion on behalf of Daniels, who alleges she had an affair with Trump over 10 years ago and was subsequently paid off by Cohen to keep quiet about it just days before the 2016 presidential election.

The legal brouhaha started after Daniels, whose real name is Stephanie Clifford, filed a suit against Cohen to invalidate her nondisclosure agreement, arguing that it's unenforceable because it was never signed by Trump.

When, White House press secretary Sarah Sanders was tossed a question on if Trump was aware of the payment, she responded, "Look, the President has denied the allegations".

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The lawyer for Stormy Daniels is now trying to force President Trump to answer questions under oath. Overall, 37 percent of voters said presidential affairs were "uncommon", including 47 percent of Democrats and 30 percent of Republicans. Cohen said Daniels made defamatory statements about him in the TV interview.

She also alleged that she was approached in a parking lot in 2011 when she was with her infant daughter, and was threatened by a man with physical violence if she went public with her story.

The filing is "a reckless use of the legal system in order to continue to inflate Michael Avenatti's deflated ego and keep himself relevant", Cohen's attorney, David Schwartz, said in a statement provided to ABC News.

"I mean, we're relying on U.S. Supreme Court precedent and a whole long line of cases in the 9th Circuit court of appeal".

Ms Daniels' legal team notes America's highest court found in that case that the "constitution does not offer a sitting President significant protections from potentially distracting civil litigation".

The White House has denied that Trump had sex with Daniels. Former Playboy model Karen McDougal said in a recent CNN interview she had an affair with Trump that began at a bungalow at the Beverly Hills Hotel in 2006.

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