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Isn't adultery illegal in NY state?

Posted: Mon Mar 12, 2018 1:55 am
by _Doctor CamNC4Me
If I didn't know any better I'd suspect Stormy Daniels is being ran by the Democrats.

Is Adultery a Crime in New York? ... Section 255.17 of the state penal law states, “A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse. Adultery is a class B misdemeanor.” Mar 21, 2008


I recently read a breakout of the Stormy Daniels lawsuit, and she really has Mr. Trump by the short hairs.

To whit:

Her lawsuit asks the court to decide whether a contract requiring her silence is valid.

I am not a lawyer, but I believe this leaves Mr. Trump with two options:

1) Deny that he is Dirk Diggler. This means that Stormy is fully within her rights to release all of the photos and text messages that Trump denies exists. These nonexistent texts and photos cost him $130,000 in hush money.

2) Assert that he is DD and is entitled to all the protections in the contract. This will prevent her from releasing the totally non-existent texts and photos, but it'll essentially confirm (a) that he and/or Michael Cohen committed campaign finance violations and (b) that they set up LLCs to conceal crimes.

This is a President committing campaign finance violations to conceal criminal acts. I'd like to see a little more coverage on this than what's been happening.

- Doc

Re: Isn't adultery illegal in NY state?

Posted: Mon Mar 12, 2018 2:08 am
by _Jersey Girl
One of the contractual issues that was raised, was that DD never signed the NDA so that renders it invalid. I suppose it'll all come out in the wash.

Re: Isn't adultery illegal in NY state?

Posted: Mon Mar 12, 2018 2:18 am
by _Doctor CamNC4Me
Jersey Girl wrote:One of the contractual issues that was raised, was that DD never signed the NDA so that renders it invalid. I suppose it'll all come out in the wash.


I guess that's another reason why this is so confusing. If he didn't sign the document then how is it even enforceable? He didn't agree to it.

- Doc

Re: Isn't adultery illegal in NY state?

Posted: Mon Mar 12, 2018 2:19 am
by _Jersey Girl
Doctor CamNC4Me wrote:
Jersey Girl wrote:One of the contractual issues that was raised, was that DD never signed the NDA so that renders it invalid. I suppose it'll all come out in the wash.


I guess that's another reason why this is so confusing. If he didn't sign the document then how is it even enforceable? He didn't agree to it.

- Doc


Exactly.

Re: Isn't adultery illegal in NY state?

Posted: Mon Mar 12, 2018 2:30 am
by _MeDotOrg
I will defer to Res Ipsa, but I remember reading that Cohen's conduct goes against code of ethics for an attorney. If we are to believe him, he arranged a contract in Donald Trump's name and entered into a contractual relationship in which Donald Trump was a party, all without the knowledge of Donald Trump.

That doesn't fly, or pass the smell test, or that dog won't hunt, Old Testament that light has no hi-beam, 2 slices short of a loaf, pick your metaphor.

My favorite comment so far on the subject:

Image

Re: Isn't adultery illegal in New York state?

Posted: Mon Mar 12, 2018 5:12 am
by _Res Ipsa
Doctor CamNC4Me wrote:
Jersey Girl wrote:One of the contractual issues that was raised, was that DD never signed the NDA so that renders it invalid. I suppose it'll all come out in the wash.


I guess that's another reason why this is so confusing. If he didn't sign the document then how is it even enforceable? He didn't agree to it.

- Doc


I don’t think the absence of his signature matters. His performance of his part of the agreement is probably sufficient. If I offer to sell you my copy of Advanced Civilization for $150 and you send me the money, you’ve accepted the contract by performing your part. I can’t keep your dead presidents without performing my part even though we never had a written, signed contract.

There may be other reasons why the contract can’t be enforced against her, but I think the lack of a signature is pretty weak.

Re: Isn't adultery illegal in New York state?

Posted: Mon Mar 12, 2018 5:49 am
by _Res Ipsa
MeDotOrg wrote:I will defer to Res Ipsa, but I remember reading that Cohen's conduct goes against code of ethics for an attorney. If we are to believe him, he arranged a contract in Donald Trump's name and entered into a contractual relationship in which Donald Trump was a party, all without the knowledge of Donald Trump.

That doesn't fly, or pass the smell test, or that dog won't hunt, Old Testament that light has no hi-beam, 2 slices short of a loaf, pick your metaphor.

My favorite comment so far on the subject:

Image



Maybe one of the other lawyers that post here knows, but I think it’s hard to tell without knowing exactly what went on between Trump and Cohen. I’m not sure we have the full story.

Re: Isn't adultery illegal in New York state?

Posted: Mon Mar 12, 2018 1:19 pm
by _moksha
Doctor CamNC4Me wrote:Apparently Trump's totally altruistic lawyers are trying to block her 60 Minutes interview from airing, ...- Doc

Stories of attempted censorship via prior restraint always boost the ratings of the subsequent broadcast.

Re: Isn't adultery illegal in NY state?

Posted: Mon Mar 12, 2018 3:28 pm
by _Doctor CamNC4Me
So, I have to wonder if we're at a point, if anyone cares to investigate this transaction, where either Cohen falls on his sword for Trump or Trump gets nailed for misuse of campaign funds. I'd like to think Americans who contribute to a campaign don't want their candidate paying off whores, or at the very least would want to know their money went to pay off a whore. I dunno. Conservatives these days seem like they don't care if their President is an adulterer as long as he's carrying an R in front of his name...

At the very least the fact, well, the allegation that Trump directed hush money be transferred to Stormy Daniels point to the necessity for Federal Election Commission and Department of Justice investigations of this matter. If Cohen is forced to tell the truth can this result in impeachment or criminal charges?

Man. What a mess. You got Mueller on one side and a porn star on the other.

- Doc

Re: Isn't adultery illegal in NY state?

Posted: Mon Mar 12, 2018 8:26 pm
by _subgenius
Jersey Girl wrote:One of the contractual issues that was raised, was that DD never signed the NDA so that renders it invalid. I suppose it'll all come out in the wash.

her acceptance of the money likely renders the lack of signature meaningless (see also contractual consideration...its why you often see people exchange at least $1 to execute a contract).