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Force one are serious for him. serious for michael cohen. how can you have an agreement when one party claims that they don't know anything about the agreement? our case just got a whole lot better. >> is that true? did his case get better? >> here's what i love about contract law. either side can take a fact and spin it into something favorable to their position. now avanati's position, this does fit in with his theory of the case because if trump never knew about that payment, then how could he be a party to that agreement? especially an agreement that only provides for dd, aka donald trump,...

Prevail if there's a valid and enforceable contract. because it is a provision of the contract that it shall been enforced in arbitration, not in court. if the contract is not valid, then the arbitration clause is equally invalid. so, i think that stormy daniels is going to have her day in court. and of course, i think what she may really want is an opportunity to take president trump's deposition, which could happen in the future. >> phil, i've interviewed michael avenatti and on that day, he was focused -- it was in the aftermath of the "60 minutes" interview where trevor -- where former ele...

President in the context of his legal exposure in the stormy daniels sort of back and forth. and let me ask you about sarah huckabee sanders' contention that the president had prevailed in an arbitration. that seems inconsistent with what the president said today, which was that he had no knowledge of any agreement with him. if he had no knowledge, how can a spokeswoman claim that he had prevailed in an arbitration to an agreement that the president claimed to know nothing about? >> and i think that arbitration decision is not going to hold up. we've got a matter now pending in court where the...

But let's take this into federal court where it is right now. you have to understand the reason trump's lawyers want this in federal court is because a federal judge is much more likely to enforce the arbitration provision pursuant to the federal arbitration act. that's important. the federal arbitration act basically in almost all instances will require arbitration if there is an arbitration clause in agreement. a claim for recision, which is what's happening here, a claim for recision as to an agreement with an arbitration clause does not avoid arbitration. so cohen saying -- i mean, stormy ...

Court where it is right now. you have to understand the reason trump's lawyers want this in federal court is because a federal judge is much more likely to enforce the arbitration provision pursuant to the federal arbitration act. that's important. the federal arbitration act basically in almost all instances will require arbitration if there is an arbitration clause in agreement. a claim for recision, which is what's happening here, a claim for recision as to an agreement with an arbitration clause does not avoid arbitration. so cohen saying -- i mean, stormy daniels' lawyer saying that there...