February 13, 2018
Making an appearance on "Jimmy Kimmel Live " after President Trump's State of the Union Address on Tuesday night, Stephanie Clifford, aka "Stormy Daniels," all but explicitly verified the existence of a nondisclosure agreement that has been a source of contention and speculation about her alleged sexual encounter with the President.

While the entire Kimmel/Clifford encounter was cringeworthy for reasons that far surpass its potential legal ramifications for Ms. Clifford (at one point, Kimmel's aggressive questioning took such a perverse bent that Ms. Clifford asked Kimmel in disbelief, "What is wrong with you?"), the issue of the NDA was particularly precarious:
Kimmel: "Do you have a nondisclosure agreement?"
Clifford: "Do I?"
Kimmel: "You can't say whether you have a nondisclosure agreement, but, if you didn't have a nondisclosure agreement, you most certainly could say 'I don't have a nondisclosure agreement,' yes?"
Clifford: "You're so smart, Jimmy." (audience applause)
Kimmel: "Thank you very much."
In an attempt at damage control, Clifford's attorney, Keith Davidson, sent the Guardian an email stating that Clifford "was having fun on Kimmel and being her normal playful self."
From a purely legal vantage point, Ms. Clifford could well have violated her NDA because -- let's be honest -- any reasonable person watching the interview could discern from Clifford's comments and demeanor that she has one. In legal terms, a judge could conclude that, based on a totality of the circumstances, the interview constituted an indirect representation that such an agreement exists.
And a prohibition on acknowledgment of the existence of the NDA is likely a part of the NDA itself (stay with me), because the logical conclusion thereof, of course, is that Clifford in fact had a consensual affair with Donald Trump in 2006, as she detailed in her original 2011 interview with In Touch.
Otherwise, why have a nondisclosure agreement in the first place?
It therefore comes as no surprise that Michael Cohen, Trump's personal lawyer, allegedly arranged for $130,000 to be paid to Ms. Clifford in the month leading up to the presidential election in exchange for her silence -- such agreements are not uncommon when it comes to celebrities.
But Clifford is not remaining silent, and that presents Cohen with an interesting dilemma. What, if anything, is he going to do about it? Moving forward with a full-fledged enforcement of the agreement necessitates an acknowledgment of the NDA with Clifford. This Catch-22 highlights just one of the many problems associated with this popular contractual tool that is -- more often than not -- used by the more powerful party in a dispute to keep their transgressions out of the public eye.
In short, they don't work, because they often fail to protect the powerful anyway and worse, hinder those seeking justice from moving forward with the authorities.
Nondisclosure agreements are certainly having a moment -- and not in a good way. USA Gymnastics included a nondisclosure agreement with Olympic gold medalist McKayla Maroney, as part of her settlement agreement with the organization alleging sexual abuse at the hands of disgraced former USAG doctor Larry Nassar.
After Chrissy Teigen offered on Twitter to pay the fine herself if Maroney violated the agreement so that Maroney could submit a victim impact statement at Nassar's sentencing hearing earlier this month, USAG issued a statement in which they agreed not to penalize her for doing so (although they allege that it was Maroney, not USAG, who requested the confidentiality clause in the first place).
NDAs have also been of particular importance in the discussions around #MeToo. Speaking to CNN's Kate Bolduan as news of the Harvey Weinstein scandal broke, I noted that many of Harvey Weinstein's accusers had signed NDAs with him and/or the Weinstein Company after complaints were raised, making a delayed criminal prosecution of him more difficult for authorities.
In fact, Ronan Farrow's reporting suggests that Ambra Battilana Gutierrez (the woman who cooperated with the NYPD in an undercover sting operation and caught Harvey Weinstein on tape admitting to her sexual assault) signed an affidavit stating that the incident never took place, as part of her nondisclosure agreement with Weinstein's team.
These are just two examples of the problems with NDAs when they involve sexual encounters -- consensual or otherwise. And, just as we saw a slew of proposed legislation surrounding criminal statutes of limitation for sexual assault in the wake of the Bill Cosby scandal, the latest iteration on the civil side of the #MeToo movement's fallout is a move toward banning NDAs in civil cases.
Don't get me wrong, some women want nondisclosure agreements as part of settlement agreements when it comes to sexual encounters in order to protect their anonymity. But in other circumstances -- like Ms. Clifford's -- they are an outdated legal tool wielded by the rich and powerful to buy silence, the absurd results of which are our having to endure the tawdry charade of Kimmel asking Clifford if she has ever "made love to anyone who's name rhymes with Lonald Lump."
Clifford's adroit response, a proverbial wink and nod: "I'll call you whatever you want me to call you, baby."
Related Stories
Latest News
Top news around the world
Coronavirus Disease

Coronavirus disease (COVID-19) is an infectious disease caused by a newly discovered coronavirus.

Most people infected with the COVID-19 virus will experience mild to moderate respiratory illness and recover without requiring special treatment. Older people, and those with underlying medical problems like cardiovascular disease, diabetes, chronic respiratory disease, and cancer are more likely to develop serious illness.

Around the World

Celebrity News

> Latest News in Media

Watch It
Kanye West Files to Trademark 'Ye' COVID Masks | TMZ TV
October 20, 2021
O6pK23sbf1A
Kourtney Kardashian & Travis Barker Seen for First Time Since Engagement | TMZ Live
October 20, 2021
Srv2b3a71sc
Jamie Lynn Spears Gets Shut Down...Hard! | The TMZ Podcast
October 20, 2021
PTN4s8kiFFg
The 2021 Gotham Awards - Nominations Announcement - Live Stream
October 21, 2021
A3dtwDaWsDI
Angelina Jolie, Salma Hayek, Richard Madden, Gemma Chan and the cast of ‘Eternals’ on the Red Carpet
October 20, 2021
NgAEe4_lJJ4
Byron Allen - Hollywood Walk of Fame Ceremony - Live Stream
October 20, 2021
W8AicWY6aIA
Cynthia Bailey felt ‘disrespected’ by cast member on ‘Ultimate Girls Trip’ | Page Six
October 21, 2021
37UbMHDvU1E
Paris Jackson goes topless for full moon ritual with friends | Page Six
October 21, 2021
LPKA5No8gk0
Lisa Rinna on Amelia Gray Hamlin’s breakup with Scott Disick | Page Six Celebrity News
October 21, 2021
UiYDHoEgb68
Penn Badgley & Cardi B Are the Celebrity Friends We Needed | E! News
October 21, 2021
EQ1vj7TG5aE
Kourtney Kardashian Supports Travis Barker at Machine Gun Kelly Concert | E! News
October 21, 2021
3FhZ_XsSrNw
Scott Disick Hangs With Son Reign Amid Kourtney's Engagement | E! News
October 21, 2021
QrEn-tJDbkw
TV Schedule
Late Night Show
Watch the latest shows of U.S. top comedians

Sports

Latest sport results, news, videos, interviews and comments
Latest Events
19
Nov
ASIAN CHAMPIONS LEAGUE: Group H
Sydney FC - Shanghai SIPG
17
Nov
UEFA NATIONS LEAGUE A: Group Stage
Spain - Germany
14
Nov
UEFA NATIONS LEAGUE A: Group Stage
Germany - Ukraine
08
Nov
ENGLAND: Premier League
Manchester City - Liverpool
08
Nov
ENGLAND: Premier League
Arsenal - Aston Villa
08
Nov
SPAIN: La Liga
Valencia - Real Madrid
08
Nov
ITALY: Serie A
AC Milan - Verona
08
Nov
ENGLAND: Premier League
West Bromwich Albion - Tottenham Hotspur
08
Nov
ITALY: Serie A
Bologna - Napoli
08
Nov
ITALY: Serie A
Genoa - Roma
08
Nov
ITALY: Serie A
Atalanta - Inter Milan
08
Nov
ITALY: Serie A
Lazio - Juventus
08
Nov
GERMANY: Bundesliga
Bayer Leverkusen - Borussia Monchengladbach
08
Nov
ENGLAND: Premier League
Leicester City - Wolves
08
Nov
GERMANY: Bundesliga
Wolfsburg - Hoffenheim
08
Nov
SPAIN: La Liga
Real Valladolid - Athletic Bilbao
08
Nov
SPAIN: La Liga
Levante - Alaves
08
Nov
SPAIN: La Liga
Real Sociedad - Granada CF
08
Nov
ITALY: Serie A
Torino - Crotone
08
Nov
SPAIN: La Liga
Getafe - Villarreal
07
Nov
GERMANY: Bundesliga
Borussia Dortmund - Bayern Munich
07
Nov
ENGLAND: Premier League
Everton - Manchester United
07
Nov
ENGLAND: Premier League
Chelsea - Sheffield United
07
Nov
SPAIN: La Liga
Atletico Madrid - Cadiz
07
Nov
SPAIN: La Liga
Barcelona - Real Betis
07
Nov
GERMANY: Bundesliga
Augsburg - Hertha Berlin
07
Nov
GERMANY: Bundesliga
Stuttgart - Eintracht Frankfurt
07
Nov
GERMANY: Bundesliga
RB Leipzig - SC Freiburg
07
Nov
ENGLAND: Championship
Rotherham - Preston NE
07
Nov
ITALY: Serie A
Parma - Fiorentina
07
Nov
ENGLAND: Championship
Watford - Coventry
07
Nov
ENGLAND: Championship
Norwich City - Swansea City
07
Nov
ENGLAND: Championship
Blackburn - QPR
07
Nov
ENGLAND: Championship
Derby County - Barnsley
07
Nov
ENGLAND: Championship
Huddersfield - Luton
07
Nov
ENGLAND: Championship
Nottingham Forest - Wycombe Wanderers
07
Nov
ENGLAND: Premier League
West Ham United - Fulham
07
Nov
ENGLAND: Championship
Sheffield Wednesday - Millwall
07
Nov
ENGLAND: Championship
Brentford - Middlesbrough
07
Nov
ENGLAND: Championship
Birmingham - Bournemouth
07
Nov
SPAIN: La Liga
Sevilla - Osasuna
07
Nov
ITALY: Serie A
Benevento - Spezia
07
Nov
ENGLAND: Premier League
Crystal Palace - Leeds
04
Nov
CHAMPIONS LEAGUE: Group stage, Group G
Ferencvaros - Juventus
04
Nov
CHAMPIONS LEAGUE: Group stage, Group G
Barcelona - Dynamo K.
03
Nov
CHAMPIONS LEAGUE: Group stage, Group A
Salzburg - Bayern Munich
03
Nov
CHAMPIONS LEAGUE: Group stage, Group D
Atalanta - Liverpool
Find us on Instagram
at @feedimo to stay up to date with the latest.
Featured Video You Might Like
zWJ3MxW_HWA L1eLanNeZKg i1XRgbyUtOo -g9Qziqbif8 0vmRhiLHE2U JFCZUoa6MYE UfN5PCF5EUo 2PV55f3-UAg W3y9zuI_F64 -7qCxIccihU pQ9gcOoH9R8 g5MRDEXRk4k
Copyright © 2020 Feedimo. All Rights Reserved.