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Arbitration because he entered into self help and made all these opinions and threats and said all this stuff. now they're supposed to shut up in a secret arbitration proceeding. he waived that. he's not going to be able to say we should be in arbitration now that i blew off all my steam. >> capehart? >> ari, i wanted to jump on something that howard just mentioned about michael avanatti. he's playing this in two courts, the legal court but also the court of public opinion. >> right. >> this is where i agree with howard. there's only one court, really, that donald trump truly cares about in te...

Evidence out on the table, both sides, our side, their side. let's let the american people decide. let's not go in some back room in los angeles with locked doors, outside public view, and have this decided. that's what mr. cohen and mr. trump want. we want an open setting, open court, owned by the people, period. >> may i ask, why did she agree to this arbitration procedure, which is so lopsided, so much in his favor, because if she were to speak, she has a huge liability. >> i think there's a number of terms within the agreement that are very, very onerous and we believe it's what's called l...

Would reach agreement, that he would then send $130,000 in connection with that agreement. that he would then later institute an arbitration proceeding without knowledge of his client. all of this to those of us that practice under the law as attorneys, it's ludicrous. >> don? >> go ahead. did you want to respond to that? >> i was going to tell you that this agreement, this settlement agreement, which was worked out 11 days before the election now, goes into great detail, it's more than a dozen pages long, it itemizes just about everything stormy daniels cannot say, the information that she ca...

Institute an arbitration proceeding without knowledge of his client, all of this to those of us that practice under the law as attorneys, it's ludicrous. >> isn't it unethical? >> absolutely. we have an ethical obligation to inform our clients at all times of all material facts. it's one of the basic tenets of what we do. and the idea that somehow president trump didn't know anything about this and that attorney cohen was just running off and doing what he thought was best without any consultation with president trump, it is patently absurd. >> you do acknowledge, though n your lawsuit, quote,...

The president is on the record saying he didn't have this relationship. his attorney michael cohen who set up this llc and made the payment said the president didn't know about it. he's known to be sort of a gossipy guy, the president, around the white house. the idea that his personal attorney would do all this without the president's knowledge to stormy daniels' attorney is ludicrous. >> that he would engage in weeks of negotiation, that he would reach agreement, that he would then send $130,000 in connection with that agreement, that he would then later institute an arbitration proceeding w...