Stormy Daniels’s 'View' is incorrect

 Stormy Daniels’s 'View' is incorrect
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Stormy Daniels took to “The View” to talk about her alleged involvement with the president of the United States — chatting with the ladies about the salacious allegations that created a hurricane of activity culminating in an FBI raid on President TrumpDonald John TrumpOver 100 lawmakers consistently voted against chemical safeguards: study CNN's Anderson Cooper unloads on Trump Jr. for spreading 'idiotic' conspiracy theories about him Cohn: Jamie Dimon would be 'phenomenal' president MORE’s personal attorney that shocked many Americans.

While the details of the adult film star’s alleged meeting and subsequent non-disclosure agreement — which paid her a handsome sum of $130,000 — may indeed be curious, what is even more curious is Daniels’s utterly erroneous interpretation of American contract law and the misguided notion that abiding by the terms of a contract involving two consenting parties is somehow, well — optional.


Whether a party likes it or not, paying someone to release their claim to a story and to keep it confidential is not a crime — it is precisely the type of private, civil agreement reached every day in America. It happens all the time in Hollywood, in fact. 

People sell their rights every day. In Daniels’s case, she was paid a handsome six-figure sum — more than twice the median American annual household income — for an alleged one-night affair and in exchange for it, she relinquished her communication rights

A consenting party to the contractual agreement, Daniels cannot now unilaterally decide that she wishes to opt out of the contract, unless there is such a provision within the contract to do so.

Therefore, her claims that Trump and others are now “bullying” or “threatening” her, as she claimed on ABC’s “The View” are just not true. Under contractual law, the party she entered the contract with is allowed the reasonable expectation that she fulfills her end of the agreement. For the party to reasonably expect that is not “bullying.” It’s called business.

Not only is Daniels a willing party to the agreement but she is someone who now appears to be cashing in on her 15 minutes of fame in media interviews and the tour. No doubt a tell-all book is coming as well.

Her left-wing attorney also appears to have an agenda. Daniels’s attorney Michael Avenatti himself has worked as a political opposition researcher for longtime ally to President Barack ObamaBarack Hussein ObamaGetting politics out of the pit To cure Congress, elect more former military members Democrats should end their hypocrisy when it comes to Kavanaugh and the judiciary MORE, Rahm Emanuel, as well as former Vice President Joe BidenJoseph (Joe) Robinette BidenKavanaugh hires attorney amid sexual assault allegations: report Biden: Delay Kavanaugh vote to give accuser a fair, respectful hearing Bidens hint at taking on Trump: We want to 'pick a fight' with bullies MORE.

Even the office that authorized the FBI raid last week is known to have a political agenda. The U.S. Attorney’s office in the Southern District of New York has a history of playing political tug-of-war with Trump himself and has taken serious action against other republicans including filmmaker Dinesh D’Souza.

It doesn’t take a lawyer to see that the parties engaged in the legal witch hunt against Trump have an axe to grind the size of Manhattan.

No matter if the fight is political, the bottom line is that if contract law is dissolved in this country the result will be disastrous. Everyday, Americans enter into contractual agreements for cell phone services, home mortgages, new cars, their employment and yes, for confidentiality. To be sure, sometimes those contracts aren’t fun, those agreements serve a role in law and order.

If private contracts between individuals are suddenly criminalized — and if the attorney-client privilege of those involved in drafting them aren’t held sacred — then every businessman, politician and private citizen should be concerned, as we are heading down a slippery slope where contract law in America will no longer exist and neither will our civilized society.

Jen Kerns has served as a GOP strategist and writer for the U.S. presidential debates for FOX News. She previously served as communications director and spokeswoman for the California Republican Party, the Colorado Recalls over gun control, and the Prop. 8 battle over marriage which went all the way to the U.S. Supreme Court.