A federal judge in California on Thursday denied a motion filed by porn star Stormy Daniels’ lawyer seeking to depose President Trump and his personal attorney Michael Cohen about a $130,000 payment made to Daniels as part of a nondisclosure agreement before the 2016 election.
“This is a procedural ruling. It really means nothing. But I will tell you this, we’re very, very encouraged by language in the order,” Michael Avenatti, Daniels’ attorney, told CNN Thursday.
Here is an order from the Ct denying our motion as premature on procedural grounds. We will refile the motion as soon as DT, MC, and EC, LLC file their motion to compel arbitration seeking to hide the facts from public view. We expect this any day. https://t.co/H85pmKdISK
— Michael Avenatti (@MichaelAvenatti) March 29, 2018
S. James Otero, a U.S. District Judge of the U.S. District Court for the Central District of California, rejected without prejudice the motion for an expedited jury trial and for limited expedited discovery.
But Avenatti insisted he and his client would refile their request as soon as Trump or Cohen submit “their motion to compel arbitration.”
“All indications are they’re going to file that motion. Then we will in turn refile this motion, and then the court is going to make a determination,” he said.
Avenatti originally asked for “no greater than two hours” to speak with Trump and Cohen under oath to determine whether the president knew about the hush money and whether he approved it.
However, David Schwartz, Cohen’s lawyer, on Wednesday told CNN that Trump was unaware of the arrangement and that Cohen had acted independently of the president.
Cohen negotiated the deal with Daniels, whose real name is Stephanie Clifford, in October 2016.
Daniels claims to have had an extramarital affair with Trump beginning in 2006 shortly after his marriage to third wife Melania Trump.
Avenatti is arguing on behalf of Daniels that the agreement is invalid because Trump never signed it.
The White House has denied the existence of the relationship.
