XPost: soc.retirement, alt.politics.trump, sac.politics   
   XPost: alt.politics.republicans   
   From: ross@gerberkawasaki.com   
      
   On Thursday, three days before CBS’ “60 Minutes” aired an   
   interview with adult film star Stormy Daniels about her alleged   
   2006 sexual encounter with Donald Trump and the alleged threats   
   to keep quiet about it, her attorney tweeted a mysterious   
   picture of a CD or DVD.   
      
   “If ‘a picture is worth a thousand words,” how many words is   
   this worth,” asked Michael Avenatti who later added the hashtags   
   “#60minutes,” “#pleasedenyit,” and “#basta” (Italian for   
   “enough”).   
      
   On Monday, one attorney argued that Avenatti had opened himself   
   up to criminal charges if the disc turns out to be a recording   
   of Trump and Daniels, as has been speculated.   
      
   In a piece for Law & Crime, Robert Barnes argued that Avenatti   
   and Daniels could be on the hook for illegally recording Trump --   
    a crime in California, where so-called “two-party consent” is   
   required to record private conversations -- as well as invasion   
   of privacy and disclosure of “revenge porn” if the tape shows   
   sexual activity between Daniels and Trump.   
      
   Fox News judicial analyst Andrew Napolitano, while noting that   
   he had no idea what was on the disc, said Monday that Avenatti   
   “can threaten all he wants, but if he goes into court and says   
   ‘I have something’ and that material was obtained illegally,   
   then he has serious issues on his hands.”   
      
   Los Angeles defense attorney Ken White, a former federal   
   prosecutor, told Fox News he didn’t think Avenatti would be held   
   responsible for the material on the disc, though he added, “I   
   suppose hypothetically Daniels could be sued over it.” White did   
   describe Avenatti’s initial tweet as “posturing and silly” and   
   showing “questionable professionalism.”   
      
   Daniels received a $130,000 payment days before the 2016   
   presidential election for her silence about the alleged   
   encounter and has sought to invalidate a nondisclosure agreement   
   she signed. Trump’s personal lawyer, Michael Cohen, has said he   
   paid the $130,000 out of his pocket while asserting Trump never   
   had sex with the porn actress.   
      
   Napolitano said he thought Avenatti had erred earlier this month   
   when he sued to invalidate the nondisclosure agreement in   
   federal court, claiming that Trump had never signed off on an   
   agreement.   
      
   “He should have proceeded like the agreement was already   
   invalid,” Napolitano said. “It [would have] put Cohen’s back to   
   the wall.”   
      
   In the wake of Daniels’ interview with “60 Minutes,” attorney   
   Kyle Bristow argued that Trump had a case to sue Daniels for so-   
   called “specific performance” and pursue liquidated damages.   
   According to Bristow, the agreement went into effect when   
   Daniels received the money and could be enforceable against her.   
      
   “If she’s out doing interviews, clearly that’s a violation of   
   the agreement,” Bristow said, “and I don’t think the First   
   Amendment applies... People have the right to enter into   
   agreements whereby their rights are waived.”   
      
   White said if he were advising Daniels, he would tell her to   
   “keep in mind what her goal is.”   
      
   “If her goal is chaos and notoriety and money, then this is the   
   right way to go about it,” he said. “If her goal is to win in   
   court, then this sort of thing will not please most judges.”   
      
   The Associated Press contributed to this report.   
      
   http://www.foxnews.com/politics/2018/03/26/did-stormy-daniels-   
   lawyer-implicate-himself-in-crime-by-revealing-mystery-disc-   
   analysts-say-its-unclear.html   
      
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