A federal judge appeared inclined Tuesday to toss out a lawsuit against President Donald Trump by porn actress Stormy Daniels that sought to tear up a hush-money settlement about their alleged affair.
Trump and his former personal lawyer asked a judge to dismiss the lawsuit after agreeing to rescind a nondisclosure agreement that included a $130,000 payment to Daniels.
Judge S. James Otero did not rule in U.S. District Court, but he seemed to agree with lawyers for the president and Michael Cohen that there were no longer grounds for a lawsuit.
Michael Avenatti, attorney for porn actress Stormy Daniels, talks to reporters outside federal court in Los Angeles, Tuesday, Jan. 22, 2019. A federal judge appeared inclined to toss out a lawsuit against President Donald Trump by Daniels that seeks to tear up a hush-money settlement about their alleged affair. Avenatti argued the case should continue because he wanted to take sworn statements from Trump and Cohen. He plans to ask for legal fees. (AP PhotoBrian Melley)
"It seems you've achieved ... what you sought to achieve," Otero said to Daniels' attorney.
If Otero does throw out the case, it would give both sides a chance to claim victory.
The case would allow Daniels to speak without threat of legal consequences, but it would also prevent further litigation she has sought to force the president and Cohen to give sworn testimony.
Daniels, whose real name is Stephanie Clifford, brought the lawsuit to free herself from the agreement that silenced her as the 2016 presidential campaign reached its conclusion.
Cohen had arranged the payment and later pleaded guilty to campaign violations after admitting the deal was struck to help Trump prevail in the presidential contest.
Trump has denied the alleged 2006 affair.
Daniels had claimed the agreement was not valid because Trump's signature was not on it and the president's lawyer has said he was never party to the settlement.
Despite appearing to get what Daniels originally sought — dismissal of the agreement she disregarded long ago in speaking to news media and writing a book — her lawyer fought hard to keep the case alive.
Attorney Michael Avenatti, who once toyed with making a presidential run to take on Trump, wanted the case to continue so he could force Trump and Cohen to give depositions.
But the judge wasn't buying Avenatti's legal reasoning for keeping litigation going when there was no longer an issue in dispute.
Otero repeatedly asked Avenatti to cite case law to support his arguments. But after he named several cases, Otero told him he was "mixing apples and oranges."
"I think we see the issues very differently," the judge said.
During those exchanges, Trump's attorney, Charles Harder, had a smirk that appeared to keep growing.
Still, Avenatti declared his client the winner after Tuesday's hearing.
"They admitted what we said all along," Avenatti said. "So any attempt by anyone to claim that this is not a victory for Stormy Daniels is completely bogus and nonsense and dishonest."
Essential Consultants, the company Cohen set up to handle the deal, had once sought to fight Daniels in arbitration for violating the nondisclosure agreement by speaking in public about the affair. Cohen had even threatened a $20 million lawsuit against her.
Cohen didn't follow through with those legal actions after seeking to dismiss the lawsuit, but he had said he would seek repayment of the $130,000.
Cohen's lawyer, Brent Blakely, said Tuesday he wouldn't seek repayment of that money.
Avenatti said he would seek legal fees regardless of how Otero rules on dismissal of the case.
Last month, Otero ordered Daniels to pay Trump $293,000 in attorney's fees after dismissing a defamation lawsuit she brought against him.
SAN FRANCISCO (AP) — The man who broke into the home of then-House Speaker Nancy Pelosi seeking to hold her hostage and bludgeoned her husband with a hammer was sentenced Friday to 30 years in prison.
But prosecutors later filed a motion saying the court failed to offer the defendant, David DePape, an opportunity “to speak or present any information to mitigate the sentence" as required by federal rule. They asked the court to reopen the sentencing portion to allow him that option. The court did not immediately respond.
A jury found DePape, 44, guilty in November of attempted kidnapping of a federal official and assault on the immediate family member of a federal official. Prosecutors had asked for a 40-year prison term.
The attack on Paul Pelosi, who was 82 at the time, was captured on police body camera video just days before the 2022 midterm elections and sent shockwaves through the political world. He suffered two head wounds including a skull fracture that was mended with plates and screws he will have for the rest of his life. His right arm and hand were also injured.
Judge Jacqueline Scott Corley sentenced DePape to 20 years for attempted kidnapping and 30 years for the assault, the maximum for both counts. The sentences will run concurrently. He also was given credit for the 18 months he has been in custody.
In its afternoon motion to the court, the U.S. attorney's office said DePape was not given the opportunity by the court to speak before being sentenced and that could present an issue.
DePape's defense, however, said they opposed bringing back their client to court and filed a notice of appeal, according to the filing. Prosecutors and defense counsel did not immediately respond to emails seeking comment late Friday.
The court has 14 days to correct a sentence resulting from error, prosecutors said.
DePape stood silently as he was sentenced and looked down at times. His public defense attorneys had asked the judge to sentence him to 14 years, pointing out that he was going through a difficult period in his life at the time of the attack, had undiagnosed mental health issues and had no prior criminal history.
At trial, DePape testified that he had planned to wear an inflatable unicorn costume and record his interrogation of the Democratic speaker, who was not at her San Francisco home at the time of the attack, to upload it online.
Ahead of the sentencing, one of his defense attorneys, Angela Chuang, told the judge to consider the prison terms being given to those who participated in the Jan. 6, 2021, attack on the Capitol.
"The five most serious sentences for people who were convicted of seditious conspiracy, of literally conspiring to overthrow the government, range from 15 to 22 years," Chuang said.
Corley said the Jan. 6 analogy didn’t adequately reflect the seriousness of breaking into an official's private home. The attack may have a chilling effect on people seeking office in the future, she said.
“They have to think not only, ‘Am I willing to take that risk myself, but am I willing to risk my spouse, my children, my grandchildren?’” the judge said.
Prosecutors asked for the maximum sentence on each count and for DePape to serve 10 years concurrently, giving him a 40-year prison term.
Before sentencing, Christine Pelosi read her father and mother's victim statements, explaining how the violent attack changed their lives. In Paul Pelosi's statement, he explained that 18 months after the attack, he still gets headaches and vertigo and has fainted and fallen twice at home.
“Once you are attacked in such a public and political manner, with such threatening language, you always have to fear a copycat,” Nancy Pelosi said in her statement. “When I encourage people, especially women to consider running for office, physical threats to the family should not even be a factor, but they are.”
Both Paul and Nancy Pelosi said there are still bloodstains on the floor and other signs of the break-in at their home.
“Our home remains a heartbreaking crime scene,” Nancy Pelosi wrote.
DePape admitted during trial testimony that he broke into the Pelosis’ home Oct. 28, 2022, intending to hold the speaker hostage and “break her kneecaps” if she lied to him. He also admitted to bludgeoning Paul Pelosi with a hammer after police showed up, saying his plan to end what he viewed as government corruption was unraveling.
Defense attorneys argued DePape was motivated by his political beliefs, not because he wanted to interfere with Nancy Pelosi’s official duties as a member of Congress, making the charges against him invalid.
Chuang, one of his attorneys, said during closing arguments that DePape was estranged from his family and was caught up in conspiracy theories.
Sky Gonzalez, David DePape’s son, told reporters outside court the 30-year prison term was equivalent to getting a death sentence.
“I think that’s quite sad. I think that’s a really long time, because if you think about it, he’s already nearly 50. Basically, it’s just a death sentence," Gonzalez said before repeating the same conspiracy theories his father wrote about before the attack.
At trial DePape, a Canadian who moved to the U.S. more than 20 years ago, testified that he believed news outlets repeatedly lied about former President Donald Trump. In rants posted on a blog and online forum that were taken down after his arrest, DePape echoed the baseless, right-wing QAnon conspiracy theory that claims a cabal of devil-worshipping pedophiles runs the U.S. government.
Prosecutors said he had rope and zip ties with him, and detectives found body cameras, a computer and a tablet.
Paul Pelosi recalled at the trial how he was awakened by a large man bursting into the bedroom and asking, “Where’s Nancy?” He said that when he responded that his wife was in Washington, DePape said he would tie him up while they waited for her.
“It was a tremendous sense of shock to recognize that somebody had broken into the house, and looking at him and looking at the hammer and the ties, I recognized that I was in serious danger, so I tried to stay as calm as possible,” Pelosi told jurors.
DePape also is charged in state court with assault with a deadly weapon, elder abuse, residential burglary and other felonies. Jury selection in that trial is expected to start Wednesday.
Sergio Lopez, acting assistant agent in charge of the FBI, speaks to reporters after the sentencing of David DePape in federal court Friday, May 17, 2024, in San Francisco. DePape was found guilty last November of attempted kidnapping of a federal official and assault on Paul Pelosi, husband of former U.S. House Speaker Nancy Pelosi. (AP Photo/Godofredo A. Vásquez)
Sergio Lopez, acting assistant agent in charge of the FBI, speaks to reporters after the sentencing of David DePape in federal court Friday, May 17, 2024, in San Francisco. DePape was found guilty last November of attempted kidnapping of a federal official and assault on Paul Pelosi, husband of former U.S. House Speaker Nancy Pelosi. (AP Photo/Godofredo A. Vásquez)
Gypsy Taub, ex-partner of David DePape, speaks to reporters after DePape's sentencing in federal court Friday, May 17, 2024, in San Francisco. He was found guilty last November of attempted kidnapping of a federal official and assault on Paul Pelosi, husband of former U.S. House Speaker Nancy Pelosi. (AP Photo/Godofredo A. Vásquez)
FILE - Paul Pelosi attends a portrait unveiling ceremony for his wife, Speaker of the House Nancy Pelosi, D-Calif., in Statuary Hall at the Capitol in Washington, Dec. 14, 2022. David DePape who was convicted last year in federal court of breaking into former House Speaker Nancy Pelosi's San Francisco home will be sentenced in federal court Friday, May 16, 2024. (AP Photo/J. Scott Applewhite, File)
FILE – David DePape is seen, Dec. 13, 2013, in Berkeley, Calif. DePape convicted of attempting to kidnap then-House Speaker Nancy Pelosi and attacking her husband with a hammer is set to be sentenced in federal court Friday, May 17, 2024. (Michael Short/San Francisco Chronicle via AP, File)
FILE - In this image taken from San Francisco Police Department body-camera video, the husband of former U.S. House Speaker Nancy Pelosi, Paul Pelosi, right, fights for control of a hammer with his assailant David DePape during a brutal attack in the couple's San Francisco home, on Oct. 28, 2022. DePape convicted of attempting to kidnap then-House Speaker Nancy Pelosi and attacking her husband with a hammer is set to be sentenced in federal court Friday, May 17, 2024. (San Francisco Police Department via AP, File)
