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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 in california are pretty clear. even, michael, even if what you...

Good to have you back with us. let's focus in on this $130,000 payment that she received for a moment. because aside from the salacious aspect of the affair, the key issue can come down to this $130,000. on one hand, she accepted the payment spp payment. she took the money. she signed the nda. she's now trying to get that nda nullified. she's told her story. does she have a case to be made here? >> she does. the beautiful thing about contract law is it's like poetry. the stormy daniels position is that this entire agreement, including the arbitration clause the therein is invalid because the p...

Answer questions, did this happen, was your campaign involved, there's a document proving that the president lies under oath, that's a potentially very serious legal problem for the president. we don't have that evidence yet but it could be -- >> i also think though equally important i guess to the extent the president is making statements that this is a hoax, that he's outside of the arbitration clause for a definite nation claim. i think the lawyer is trying to drive this case in a way he could force the president to be placed in a civil lawsuit and all these issues so the president is tryin...

Team. >> is the fact that she's doing "60 minutes" interview is the nondisclosure agreement has been broken? is that the case that the president is going to try to make? >> the interesting thing about contract law is depending on whatever side you ask. stormy daniels team would say we didn't breach it because there was never a contract to breach. david dennison, aka donald trump, never signed it and this contract is so flawed that it never existed and it's unenforceable. the trump team, on the other hand, would very much disagree with that. they would say of course she breached the agreement. ...

And famous people or large corporations. and i'll just say, in general, what happens when someone is alleged to have breached a settlement or challenges the settle that was reached, ordinarily there is an arbitration clause. and ordinarily this has to be decided in arbitration. having said that, you know, generally there is going to have to be a motion to compel arbitration and have the arbitrator decide. you know, if someone breaches, they take the risk of having to face the consequences of what the settlement agreement says will be the consequences, which ordinarily include liquidated damage...