Courtesy of Mediaite:
Elliott Broidy, the ex-deputy finance chair of the Republican National Committee, will stop making payments on the 1.6 million hush money agreement he made with a former Playboy model, the Wall Street Journal reported.
The Journal had previously reported that Broidy made the agreement — negotiated during the 2016 campaign by Trump lawyer Michael Cohen — with former model Shera Bechard, to be paid in eight installments.
In exchange, Bechard would keep quiet about an affair with Broidy, who is married.
However, Broidy’s attorney Chris Clark says that this deal is null and void because Bechard’s former attorney Keith Davidson leaked details of the agreement to Michael Avenatti, who is currently representing Stormy Daniels.
Now if you are thinking, “Well then doesn’t this prove that Broidy is actually the person that had the affair with Bechard, and put to rest the theory that he was covering for Donald Trump?” well not so fast.
Courtesy of New York Magazine:
There are several reasons why this argument doesn’t appear to make any sense:
• Even if Davidson improperly disclosed information to Avenatti (he denies doing so), such a disclosure wouldn’t be legal grounds for voiding the agreement between Broidy and Bechard. Broidy’s remedy in this situation would be to sue Davidson for damages, not to unilaterally cancel his agreement with Bechard. After all, there’s no allegation that Bechard violated the agreement, and, at the time Davidson allegedly did so, he wasn’t even Bechard’s lawyer anymore.
• If Broidy is doing this to try to save money, he’s making a very odd calculation. He still owes $1.2 million to Bechard, which certainly isn’t a trivial sum, even for someone as rich as he appears to be. But using Latham & Watkins to litigate the matter (disclosure: I was once an associate at this firm) would surely eliminate a great deal if not all of any potential savings from not going through with the agreement, even assuming — which at the moment seems highly optimistic — that Broidy would eventually prevail on the merits.
• Chris Clark is a white-collar criminal-defense lawyer. Indeed, Broidy employed Clark when he was prosecuted a decade ago for bribing officials in the New York State comptroller’s office (Clark worked out a plea deal, in which Broidy testified against seven officials in exchange for pleading guilty to a single felony charge). Why is Broidy using a criminal-defense specialist to litigate a contract dispute? One possibility here is that Broidy is backing out of the contract on Clark’s advice, because the NDA is actually a bribe to Trump, and, by not paying the rest of that bribe, Clark’s client would be lessening his criminal liability.
• By claiming that their agreement is void, Broidy is putting Bechard in a position to tell her story — whatever it may actually be — in whatever forum she likes.
I know, right?
So to be clear this could be a case of Broidy trying to reduce his culpability in case the Mueller team is turning its attention in his direction, or it could simply be a case of Broidy recognizing that the Trump ship is taking on water and wanting to get off before it pulls him down in the undertow.
Either way, if it really was Trump who knocked up this Playboy model and his baby that she aborted, it is probably something we are about to learn for sure one way or the other.