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I don't think you could go in a simple private contract case in i district court in any community in this country and dump 42,000 pages of documents on a litigant the evening before the trial and not expect that the judge would give you a continuance. that's just basic fairness. for us to ask for that, no to the mention all the other documents hidden or obscured or not allowed to be seen or kept secret. i think it was important to assert our rights. this was not a proper normal process. this was bizarre and we shouldn't be ruled by it and shouldn't have gone quietly. >> how much of this was pr...

She is not bound by any arbitration agreement. and the key to victory for the trump team with stormy daniels and karen mcdougal is forcing those cases into arbitration which is essentially forcing them into oblivion. they'll be decided in a conference room, no discovery, no depositions, no nothing. >> but the case is already in court which means there could be discovery here which would be what for the president? >> it's already in court because there was never a contract. this is not a contract case. this is what we call a tort case. she's suing for defamation and now that the case has been a...

Anybody involved in the campaign or not from donald trump. does a judge have the -- have the ability to ask him why. >> in this contract case that may have to be an issue they have to solve. assuming this stayed in california court and trump and e.c. and co ep could be successful in dragging the case into arbitration because the terms of the agreement explicitly provide for arbitration. so assuming it stays in california court, they'll have to eventually untangle to what degree and how was michael cohen acting. was he acting as an attorney for david dennison or was he soly acting as an officer...

What do you think? >> you're absolutely right. there's the added element when you have a public figure of the actual malice element. i'd like to make a distinction here. there is a case against steve bannon not just for defamation. steve bannon had a written contract with trump, many trump aides signed nondisclosure, nondisparagement agreements with trump or the organization. that means that his conduct is really governed by this agreement. so when you look at it from that perspective, you don't even get to an inquiry of whether or not the information that he gave was true or not. the question...

Confictions if it's not presented properly. >> how do you proceed when dna is a critical part of the case? >> we may not know in these cases which ones are effected. in new york, it's one of 14 states in the country who have yet to reform the discovery laws. in new york, we have trial by ambush, you do not find out what the evidence until the trial. if you are sued in a consumer case or a contract case, you have the right to discovery, and a copy of the contract, not so in a criminal case in new york. this is a situation that highlights the need for discovery reform in new york. we have asked ...