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Risks of this playing out in open court. how high is the bar for stephanie clifford and her attorneys to keep this out of arbitration, in other words, to make this play out in open court? >> clifford's team has strong facts on their side it would seem. it may be the case that trump, cohen and ec consultants has the law on their side. here is why. for many years federal and state courts have strongly favored enforcing arbitration clauses. when the parties agree to ash trait, the court will not get involved. plus, david, it clears up court dockets. they love sending cases out of their room and i...

After all, there are very clear arbitration provisions in the contract. and stormy daniels did sign the contract. the real question the court will have to resolve and this case will probably stay in federal court is whether or not the case belongs in arbitration. whether or not they agree to arbitrate. and the rule is courts love arbitration clauses. they prefer sending cases to arbitration because it -- if there's evidence that parties agree to it, it's an issue of contract look. the other reason they won't tell you is that they like to get cases off their docket and out of the courthouse. so...

Question whether or noting it valid. >> the part of the arbitration and companies prefer it over courts but in this particular instance, the relevant part is the proceedings could be kept secret in arbitration. >> big companies love arbitration clauses. because they deny consumers or individuals the right -- the great equalizer, the right to an open trial. by keeping a case in arbitration in a -- and by the way, you and me and everyone out there, we're all subjected to arbitration agreements in things that we sign, our cell phone agreements, anything. so these arbitration agreements allow an e...

February, the trump team and cohen went to a private secret i guess you can call it arbitrator and obtained a temporary restraining order and it was secret, it was not made to a judge, and clifford did not get due process or notification. and she agreed to every one of those terms when she signed the original agreement. the original agreement contains an arbitration clause. arbitration is a private means of resolving disputes that corporations absolutely love and consumers don't usually love. but what's problematic here is clifford signed and agreed to all those terms. just like the rest of us...

Done for women. so often nothing gets done on the hill, but wouldn't it be amazing if we could do this for women and it would end up on the desk of president trump and we would see what he would do with it. >> you know, it's interesting, i hope you can explain what this bill doesn't do also, because there are some women who want to keep things secret, who do want silence about their cases. this isn't forcing people to come public, is it? >> no. this is giving women a choice. i mean that's why it's so powerful because it's giving women a choice to either go to arbitration if they want to keep i...