The Law and Politics Surrounding Trump’s Alleged Affair

January 31, 2018

Katz Banks Kumin partner Debra Katz offered some legal insight to the Washington Post in an article about adult film actress Stormy Daniels’ alleged affair with President Donald Trump. The piece, “How Stormy Daniels might be outsmarting Trump by Denying an Affair,” recaps how Ms. Daniels has played coy when answering questions about her possible relationship with the president, and whether she has signed a non-disclosure agreement.

She has answered questions with questions of her own, and has avoided establishing any real facts. However, this may all be part of a plan: to stay true to the possible non-disclosure agreement, while telling America, with a wink and a nod, that the two did in fact have a relationship.

While many believe that Ms. Daniels has already likely violated her agreement, they doubt that the president is in any position to bring a lawsuit.

Despite these widely held beliefs, Ms. Daniels has stayed ambiguous when speaking publicly. Ms. Katz believes that this is to protect herself against a defamation suit, not a breach of contract.

“It would be qualitatively different if she came forward and said, ‘yes, I had an affair,’” said Ms. Katz. “Then I think he would sue her.”

It’s a story that has captured the attention of the media, and Ms. Katz believes that’s part of her plan: “She’s keeping us all engaged.”

Read the full story here.

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