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Stormy Daniels' lawyer files motion to depose Trump, lawyer Michael Cohen

The move comes days after a "60 Minutes" interview in which Daniels detailed the alleged affair with Trump.

by Erik Ortiz and Sarah Fitzpatrick /  / Updated 
Stormy Daniels is interviewed by Anderson Cooper on CBS News' 60 Minutes on March 25, 2018.CBS News via Reuters /

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The lawyer for adult film actress Stormy Daniels, who says she had sex with Donald Trump in 2006, has filed a motion in federal court asking for permission to depose the president and his lawyer, Michael Cohen.

The move comes amid a lawsuit against Trump, alleging that he never signed a nondisclosure agreement that his lawyer had arranged with Daniels, and just days after a revealing interview on CBS' "60 Minutes" in which she detailed an alleged affair with the married mogul and claimed she was threatened in 2011 if she went public.

The request was filed late Tuesday in a Los Angeles court and will be heard on April 30, Daniels' lawyer, Michael Avenatti, tweeted Wednesday morning.

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In the court filing, Avenatti said each deposition would last for no more than two hours. He also filed a motion seeking a jury trial in no more than 90 days.

"We expect to be placing the president and his fixer under oath in the coming months," Avenatti said in a statement.

The White House did not immediately comment about the motion.

David Schwartz, an attorney for Cohen, said in a statement that the filling is a "reckless use of the legal system in order to continue to inflate Michael Avenatti’s deflated ego and keep himself relevant."

"His statements are ludicrous when he asks where Michael Cohen and Donald Trump are? He knows they are following the rules of the court," he added. "They are handling the case in a court of competent jurisdiction and as a lawyer, he needs to do the same. This is politically motivated and people see through this charade."

Daniels, whose real name is Stephanie Clifford, has said that Cohen paid her $130,000 in October 2016 — just days before the presidential election — not to talk about her encounter with Trump.

But Daniels said the "hush agreement," as it's referred to in her lawsuit this month, is invalid because even though she and Cohen signed it, Trump never did.

Cohen earlier this year downplayed Daniels' claims as "rumors." While he has acknowledged making the payment — allegedly out of his own pocket — he has repeatedly declined to tell NBC News what it was for.

Avenatti said on the "Today" show earlier this week that ultimately, he wants Daniels to have the right to "tell her story."

"If she's not telling the truth, let the president take to the podium and call her a liar," he said Monday. "Let the president come forward and say it never happened."

Trump himself has not publicly addressed the alleged relationship.

The White House has denied that Trump had an affair with Daniels, and White House Press Secretary Sarah Sanders said this month that the president was unaware that Cohen paid Daniels the $130,000.

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