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Cohen and ec consulting get into arbitration is through the arbitration clause contained in the contract. so this is a very clever strategic move because cohen will not be able to force the defamation claim into arbitration. and that is where cohen and ec and trump need this case to be. arbitration out of the public eye, private proceeding without public filings. that is their only path to victory. >> and you reported the last place michael cohen wants to be is in a courtroom. why do you say that? >> because a courtroom is by nature public. courtroom filings are public. and they're something w...

Attorney, mr. schwartz said last night the president was never aware of the final details of the agreement or possibly the agreement as a whole. that's going to create serious problems. that would make it sound like is he not a party to this agreement. the arbitration clause seems to rest in his hands. >> sandra: i know you wrote a piece published in your blog tonight. in that piece, jonathan, you say trump faces john edwards' fate. can you explain the comparison and where you are suggesting this is heading from here? >> well, this is sort of like christmas future. it's not necessarily his fut...

Doesn't make it a contract. a lot of lawyers will debate that, even in california where he will try to debate that. and summer zervos was one of the apprentice candidates, people on the show. she said she was harassed. however, there is a material difference. she's not part of an nda. there is no arbitration clause there. she didn't contract to settle a dispute in any certain way. in that case, the judge pointed out the paula jones precedent where bill clinton was forced to deal with the litigation and got deposed even though he was president. you will hear that here as well. >> that's the key...

Michael cohen to submit to a deposition, but i do think he has a good legal argument for it. this particular agreement does contain an arbitration clause. 99% of the time, that's all the judge has to do. if you have an arbitration clause in the agreement, the judge is done with it. he sends it to an arbitrator. and you don't see the inside of a courtroom and you don't have this type of a deposition. but i think this arbitration clause and this entire nondisclosure agreement was so poorly drafted that now stormy daniels' legal team does have a solid legal argument that there was never any deal ...

Through the testosterone that's like cascading around me here. it seems to me one of the most important issues in this case is sort of a nerdy point but actually a very important one, which is whether this case is going to be resolved in arbitration or in a courtroom, because if it's in arbitration, you don't get discovery, and you're not going to get donald trump under oath. you're not going to get michael cohen under oath. but if you have a lawsuit in federal court, you do get depositions. >> actually, i'd like to address that. >> let's hear where this case will be resolved. >> so the cases ...