FacebookTwitterRedditEmail

Stormy’s Disclosures

The law can be confusing, and I am happy to offer an explanation of one legal concept that has confused many readers untutored in its ways. The concept for which I hope to provide clarity is known as “non-disclosure.”

Agreements dealing with non-disclosure known as “non-disclosure agreements” may be created when two people have been involved in an event that one of the participants  doesn’t want anyone else to know about. In that case the person seeking confidentiality may pay the other person a sum of money, in exchange for which that person agrees not to disclose anything about the event.

Current events offer a perfect example of how a well arranged non-disclosure agreement works.  For purposes of this example, I will use two fictional people, one of whom will be referred to as Donald and the other as Stormy.

In the example I have chosen, Stormy signed a non-disclosure agreement, and although Donald did not sign it, initials were placed on the agreement that, as I will explain later, were intended to bind Donald.  What the non-disclosure agreement hoped to keep from public view, was a meeting that took place at a celebrity golf tournament on the shore of Lake Tahoe in 2005. At that event, Stormy met Donald.  What we know, and what the non-disclosure agreement is intended to keep private, is that as a result of that meeting Stormy had a sexual encounter with Donald that she described as uninspired (my words-not hers.)  We also know it was never repeated, notwithstanding requests for a repeat performance by Donald.

What we also know, and what my readers would have learned without the benefit of this column, thanks to a story in the Wall Street Journal on January 12, 2018, is that someone named Michael Cohen, who we know was Donald’s personal attorney, since his identity was not concealed, negotiated a non-disclosure agreement with Stormy’s lawyer prior to the 2016 presidential election.  Its purpose was to withhold from the public what this column describes.

Pursuant to the terms of the non-disclosure agreement, Stormy agreed to accept $130,000 for not disclosing that she had had the sexual encounter with Donald in 2006 about which, as of this writing, everyone knows. In response to the January WSJ story, Mr. Cohen said both Donald and Stormy denied that a sexual encounter occurred even though anyone who had been paying attention knew that it had occurred by the time Mr. Cohen spoke.

We also know that to effect the payment to Stormy, Mr. Cohen created a company, Essential Consultants (EC). The sole purpose of EC was to receive $130,000 from Mr. Cohen that EC turned around and paid to Stormy to persuade her to sign the non-disclosure agreement so we would not learn of the events described above.  The agreement was not signed by Donald, but wherever there was a space for him to initial the agreement, the initials EC (Essential Consultants) appeared.

One of the provisions in the agreement said that for every breach of the agreement by Stormy, she would owe Donald $1 million.  A breach would occur if Stormy described the events that Stormy and Donald agreed not to disclose and that I have just described for you. (I am not subject to the terms of the non-disclosure agreement which is why I can describe it for you.) The non-disclosure agreement also provided that any dispute between Donald and Stormy had to be resolved through “binding confidential Arbitration to the greatest extent permitted by law.” That was placed in the agreement so that the events I have just described would remain confidential even if they became subject to arbitration.

After the agreement was signed, Stormy went on a number of television programs and described the events in a manner that left some people with the feeling that the events she was talking about had in fact occurred, but she coyly refused to admit them because she wanted to be faithful to the terms of the agreement.  She wanted to be faithful to the agreement, even though everyone in the country knew that the events described therein had occurred, and even though both Donald and Stormy said they had not.

In March 2018, Stormy filed a lawsuit against Donald, seeking to be relieved of the restraints imposed on her by the agreement, so that she could tell everyone what this column has told you.  She could, of course, probably fill in a few details that I inadvertently, or perhaps out of ignorance, omitted, although it is hard to imagine that I have left out anything of importance pertaining to the affair unless, it is the color and type of underwear worn by the participants during the encounter.

The next event took place on September 9, 2018, when Donald’s legal team announced that they agreed with Stormy that the non-disclosure agreement was invalid since it was never signed or, alternatively, agreed with her that if it was valid, it should be rescinded.  We know about it because unlike most of the other events described herein, that announcement was not subject to the non-disclosure agreement.

Now that readers have a clear understanding of non-disclosure agreements, herewith two postscripts:

(a) Stormy’s new book, “Full Disclosure” will be released October 2, 2018. In it she says she’ll share details of the night she spent with Donald.

(b)  Michael Cohen’s lawyer has said that Michael wants his $130,000 back.

Stay tuned.

More articles by:

bernie-the-sandernistas-cover-344x550

June 17, 2019
Patrick Cockburn
The Dark Side of Brexit: Britain’s Ethnic Minorities Are Facing More and More Violence
Linn Washington Jr.
Remember the Vincennes? The US’s Long History of Provoking Iran
Geoff Dutton
Where the Wild Things Were: Abbey’s Road Revisited
Nick Licata
Did a Coverup of Who Caused Flint Michigan’s Contaminated Water Continue During Its Investigation? 
Binoy Kampmark
Julian Assange and the Scales of Justice: Exceptions, Extraditions and Politics
John Feffer
Democracy Faces a Global Crisis
Louisa Willcox
Revamping Grizzly Bear Recovery
Stephen Cooper
“Wheel! Of! Fortune!” (A Vegas Story)
Daniel Warner
Let Us Laugh Together, On Principle
Brian Cloughley
Trump Washington Detests the Belt and Road Initiative
Weekend Edition
June 14, 2019
Friday - Sunday
Michael Hudson
Trump’s Trade Threats are Really Cold War 2.0
Bruce E. Levine
Tom Paine, Christianity, and Modern Psychiatry
Jason Hirthler
Mainstream 101: Supporting Imperialism, Suppressing Socialism
T.J. Coles
How Much Do Humans Pollute? A Breakdown of Industrial, Vehicular and Household C02 Emissions
Andrew Levine
Whither The Trump Paradox?
Jeffrey St. Clair
Roaming Charges: In the Land of 10,000 Talkers, All With Broken Tongues
Pete Dolack
Look to U.S. Executive Suites, Not Beijing, For Why Production is Moved
Paul Street
It Can’t Happen Here: From Buzz Windrip and Doremus Jessup to Donald Trump and MSNBC
Rob Urie
Capitalism Versus Democracy
Richard Moser
The Climate Counter-Offensive: Secrecy, Deception and Disarming the Green New Deal
Naman Habtom-Desta
Up in the Air: the Fallacy of Aerial Campaigns
Ramzy Baroud
Kushner as a Colonial Administrator: Let’s Talk About the ‘Israeli Model’
Mark Hand
Residents of Toxic W.Va. Town Keep Hope Alive
John Kendall Hawkins
Alias Anything You Please: a Lifetime of Dylan
Linn Washington Jr.
Bigots in Blue: Philadelphia Police Department is a Home For Hate
David Macaray
UAW Faces Its Moment of Truth
Brian Cloughley
Trump’s Washington Detests the Belt and Road Initiative
Horace G. Campbell
Edward Seaga and the Institutionalization of Thuggery, Violence and Dehumanization in Jamaica
Graham Peebles
Zero Waste: The Global Plastics Crisis
Michael Schwalbe
Oppose Inequality, Not Cops
Ron Jacobs
Scott Noble’s History of Resistance
Olivia Alperstein
The Climate Crisis is Also a Health Emergency
David Rosen
Time to Break Up the 21st Century Tech Trusts
George Wuerthner
The Highest Use of Public Forests: Carbon Storage
Ralph Nader
It is Time to Rediscover Print Newspapers
Nick Licata
How SDS Imploded: an Inside Account
Rachel Smolker – Anne Peterman
The GE American Chestnut: Restoration of a Beloved Species or Trojan Horse for Tree Biotechnology?
Sam Pizzigati
Can Society Survive Without Empathy?
Manuel E. Yepe
China and Russia in Strategic Alliance
Patrick Walker
Green New Deal “Climate Kids” Should Hijack the Impeachment Conversation
Colin Todhunter
Encouraging Illegal Planting of Bt Brinjal in India
Robert Koehler
The Armed Bureaucracy
David Swanson
Anyone Who’d Rather Not be Shot Should Read this Book
Jonathan Power
To St. Petersburg With Love
Marc Levy
How to Tell a Joke in Combat
FacebookTwitterRedditEmail