A federal judge just delivered a setback to Stormy Daniels in her quest to depose Trump

  • A federal judge turned down a request made by porn star Stormy Daniels' lawyer to depose President Donald Trump under oath.
  • The judge said the request was "premature," and the porn star's attorney, Michael Avenatti, said he will refile the motion seeking Trump's testimony soon.
  • Stormy Daniels, whose real name is Stephanie Clifford, sued Trump earlier this month, arguing that the agreement she signed in 2016 to remain silent about her alleged affair with Trump is void because the president never signed it.

A federal judge turned down a request on Thursday from porn star Stormy Daniels' lawyer to depose President Donald Trump as part of her lawsuit against him over a 2016 hush agreement.

Lawyer Michael Avenatti said that he would refile the motion to seek Trump's testimony under oath, which Judge S. James Otero denied on procedural grounds, calling it "premature."

Otero is waiting for Trump and his personal lawyer, Michael Cohen, to file a petition to send the case into private arbitration, rather than a public federal trial — something they've stated they'll do.

Avenatti tweeted that he expects Cohen and Essential Consultants — the LLC Cohen created to facilitate a hush payment to the porn star, whose real name is Stephanie Clifford — to file their petition "any day."

RELATED: A look at Stormy Daniels

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Porn star Stephanie Clifford, aka Stormy Daniels, who allegedly had a yearlong affair with Trump
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Porn star Stephanie Clifford, aka Stormy Daniels, who allegedly had a yearlong affair with Trump
LAS VEGAS, NV - JANUARY 21: Adult film actress/director Stormy Daniels attends the 2017 Adult Video News Awards at the Hard Rock Hotel & Casino on January 21, 2017 in Las Vegas, Nevada. (Photo by Gabe Ginsberg/Getty Images)
LAS VEGAS, NV - JANUARY 21: Actress Stormy Daniels arrives at the 2017 Adult Video News Awards held at the Hard Rock Hotel & Casino on January 21, 2017 in Las Vegas, Nevada. (Photo by Albert L. Ortega/FilmMagic)
LAS VEGAS, NV - JANUARY 18: Adult film actress/director Stormy Daniels appears at the Wicked Pictures booth at the 2017 AVN Adult Entertainment Expo at the Hard Rock Hotel & Casino on January 18, 2017 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - JANUARY 18: Adult film actress/director Stormy Daniels appears at the Wicked Pictures booth at the 2017 AVN Adult Entertainment Expo at the Hard Rock Hotel & Casino on January 18, 2017 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - JANUARY 23: Adult film actor/musician Brendon Miller (L) and his wife, adult film actress/director Stormy Daniels, attend the 2016 Adult Video News Awards at the Hard Rock Hotel & Casino on January 23, 2016 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - JANUARY 23: Adult film actress/director Stormy Daniels attends the 2016 Adult Video News Awards at the Hard Rock Hotel & Casino on January 23, 2016 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LOS ANGELES, CA - JANUARY 15: Adult film actress Stormy Daniels arrives for the 2016 XBIZ Awards held at JW Marriott Los Angeles at L.A. LIVE on January 15, 2016 in Los Angeles, California. (Photo by Albert L. Ortega/Getty Images)
LAS VEGAS, NV - JANUARY 22: Adult film actress/director Stormy Daniels poses at the Wicked Pictures booth at the 2015 AVN Adult Entertainment Expo at the Hard Rock Hotel & Casino on January 22, 2015 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - JANUARY 22: Adult film actresses/directors jessica drake (L) and Stormy Daniels pose at the Wicked Pictures booth at the 2015 AVN Adult Entertainment Expo at the Hard Rock Hotel & Casino on January 22, 2015 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
FORT LAUDERDALE, FL - MAY 03: Stormy Daniels attends Exxxotica 2014 on May 3, 2014 in Fort Lauderdale, Florida. (Photo by Larry Marano/Getty Images)
LAS VEGAS, NV - JANUARY 16: Adult film actress Stormy Daniels attends the 2014 AVN Adult Entertainment Expo at the Hard Rock Hotel & Casino on January 16, 2014 in Las Vegas, Nevada. (Photo by Gabe Ginsberg/FilmMagic)
LAS VEGAS, NV - JANUARY 16: Adult film actress Stormy Daniels attends the 2014 AVN Adult Entertainment Expo at the Hard Rock Hotel & Casino on January 16, 2014 in Las Vegas, Nevada. (Photo by Gabe Ginsberg/FilmMagic)
LAS VEGAS, NV - MAY 05: Adult film actress Stormy Daniels arrives at the Sapphire Pool & Day Club grand opening party on May 5, 2013 in Las Vegas, Nevada. (Photo by Gabe Ginsberg/FilmMagic)
CENTURY CITY, CA - JANUARY 11: Adult film actress Stormy Daniels and adult film actor Brendon Miller arrive for the 2013 XBIZ Awards held at the Hyatt Regency Century Plaza on January 11, 2013 in Century City, California. (Photo by Albert L. Ortega/WireImage)
CENTURY CITY, CA - JANUARY 11: Adult film actress Stormy Daniels arrives for the 2013 XBIZ Awards held at the Hyatt Regency Century Plaza on January 11, 2013 in Century City, California. (Photo by Albert L. Ortega/WireImage)
LAS VEGAS, NV - JANUARY 20: Adult film actress Stormy Daniels appears during an autograph signing for Wicked Pictures at the 2012 AVN Adult Entertainment Expo at The Joint inside the Hard Rock Hotel & Casino January 20, 2012 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - JANUARY 21: Adult film actress Stormy Daniels (L), and her husband, adult film actor Brendon Miller, arrive at the 29th annual Adult Video News Awards Show at the Hard Rock Hotel & Casino January 21, 2012 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - JANUARY 20: Adult film actress Stormy Daniels appears during an autograph signing for Wicked Pictures at the 2012 AVN Adult Entertainment Expo at The Joint inside the Hard Rock Hotel & Casino January 20, 2012 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS - OCTOBER 03: Stormy Daniels (R) arrives at Jet Nightclub at The Mirage on October 3, 2009 in Las Vegas, Nevada. (Photo by Denise Truscello/WireImage)
Musician Dave Navarro and actress Stormy Daniels arrive at the premiere 'Forgetting Sarah Marshall' at the Grauman's Chinese Theater on April 10, 2008 in Hollywood, California. (Photo by Jon Kopaloff/FilmMagic)
HOLLYWOOD - APRIL 10: Musician Dave Navarro and actress Stormy Daniels arrive at the premiere 'Forgetting Sarah Marshall' at the Grauman's Chinese Theater on April 10, 2008 in Hollywood, California. (Photo by Jon Kopaloff/FilmMagic)
Stormy Daniels arrives at the 50th Grammy Awards in Los Angeles on February 10, 2008. AFP PHOTO/Gabriel BOUYS (Photo credit should read GABRIEL BOUYS/AFP/Getty Images)
LOS ANGELES, CA - FEBRUARY 10: Actress Stormy Daniels arrives to the 50th Annual GRAMMY Awards at the Staples Center on February 10, 2008 in Los Angeles, California. (Photo by Gregg DeGuire/WireImage) *** Local Caption ***
LAS VEGAS - JANUARY 12: Actress Stormy Daniels arrives at a naughty night to remember at TAO Nightclub at The Venetian Hotel and Casino Resort on January 12, 2008 in Las Vegas, Nevada. (Photo by Chris Farina/WireImage) *** Local Caption ***
LAS VEGAS - JANUARY 12: Adult film actress Stormy Daniels (L) and radio talk show host Bubba the Love Sponge arrive at the 25th annual Adult Video News Awards Show at the Mandalay Bay Events Center January 12, 2008 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
HOLLYWOOD, CA - AUGUST 13: Stormy Daniels attends 'Superbad' Premiere Los Angeles - Arrivals at Mann's Chinese Theatre on August 13, 2007 in Hollywood, CA. (Photo by ANDREAS BRANCH/Patrick McMullan via Getty Images)
HOLLYWOOD - AUGUST 13: Actress Stormy Daniels attends the premiere of Superbad at Grauman's Chinese Theatre on August 13, 2007 in Hollywood, California. (Photo by Jeffrey Mayer/WireImage) *** Local Caption ***
Stormy Daniels during 'Knocked Up' Los Angeles Premiere - Red Carpet at Mann's Village Theater in Westwood, California, United States. (Photo by Jeff Kravitz/FilmMagic, Inc for Variety Magazine)
Stormy Daniels during 'Knocked Up' Los Angeles Premiere - Arrivals at Mann Village Theatre in Westwood, California, United States. (Photo by Jeffrey Mayer/WireImage)
Stormy Daniels and Gerard Butler (Photo by Denise Truscello/WireImage)
Stormy Daniels during GQ Magazine Celebrates Heineken Premium Light at Les Deux in Hollywood, California, United States. (Photo by M. Tran/FilmMagic)
Ron Jeremy and Stormy Daniels during Ron Jeremy Birthday Bash Hosted by Stormy Daniels in Association with Penthouse and Esterman - March 10, 2007 at Element in Hollywood, California, United States. (Photo by Enos Solomon/FilmMagic)
Ron Jeremy and Stormy Daniels (Photo by Enos Solomon/FilmMagic)
LAS VEGAS - JANUARY 13: Dieter Esch, head of Wilhelmina Models (L), and adult film actress Stormy Daniels arrive at the 24th annual Adult Video News Awards Show at the Mandalay Bay Events Center January 13, 2007 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
LAS VEGAS - JANUARY 13: Adult film actress Stormy Daniels arrives at the 24th annual Adult Video News Awards Show at the Mandalay Bay Events Center January 13, 2007 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
Stormy Daniels (Photo by Denise Truscello/WireImage) *** Local Caption ***
HOLLYWOOD - NOVEMBER 2: Socialite Stormy Daniels attends the Grand Opening of An Original Penguin on November 2, 2006 Hollywood, California. (Photo by Thos Robinson/Getty Images)
HOLLYWOOD - NOVEMBER 2: Socialite Stormy Daniels attends the Grand Opening of An Original Penguin on November 2, 2006 Hollywood, California. (Photo by Thos Robinson/Getty Images)
Stormy Daniels during 'The Bliss' Los Angeles Screening - Arrivals at Cinespace in Hollywood, California, United States. (Photo by Michael Tran/FilmMagic)
LAS VEGAS - AUGUST 28: Adult film actress Stormy Daniels presents a creation by Junker Designs during a fashion show debuting the company's new collection at the Rainbow Bar & Grill as part of the MAGIC convention August 28, 2006 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
Stormy Daniels (Photo by Mark Sullivan/WireImage) *** Local Caption ***
Stormy Daniels (Photo by Denise Truscello/WireImage) *** Local Caption ***
LAS VEGAS - JUNE 03: Adult film actress Stormy Daniels arrives at the first annual Head to Hollywood Celebrity Charity Poker Tournament and Auction at The Joint inside the Hard Rock Hotel & Casino June 3, 2006 in Las Vegas, Nevada. The charity, founded by actress Carmen Electra and Us Weekly editor Ken Baker, provides brain tumor survivors and their families a VIP celebrity experience in Hollywood, California. (Photo by Ethan Miller/Getty Images)
Actresss Stormy Daniels arrives to the Sheila and Lynn Marbry's Elevate Hope Foundation 'Circle of Passion' pre-Oscar benefit event at the Pacific Design Center Sunday evening. (Photo by Axel Koester/Corbis via Getty Images)
Actresses Stormy Daniels (R) and Kristen Price arrive to the Sheila and Lynn Marbry's Elevate Hope Foundation 'Circle of Passion' pre-Oscar benefit event at the Pacific Design Center Sunday evening. (Photo by Axel Koester/Corbis via Getty Images)
Jose Canseco and Stormy Daniels during Guy's North in Studio City Grand Opening - Red Carpet and Inside at Guys North in Studio City, California, United States. (Photo by John Shearer/WireImage for BWR Public Relations)
Pornstar, Stormy Daniels AKA Stormy Waters during Missy Elliot Hosts Yahoo! Music's Exclusive Grammy After Party at Mood in Hollywood, CA, United States. (Photo by Derek Bauer/FilmMagic)
Stormy Daniels and Jose Canseco during Yahoo! Music and Missy Elliot Post-Grammy Event at Mood in Hollywood, CA, United States. (Photo by M. Phillips/WireImage for Strategic Group)
Stormy Daniels AKA Stormy Waters, Wicked Contract Performer (Photo by Jon Kopaloff/FilmMagic)
HOLLYWOOD, CA - APRIL 10: Dave Navarro and Stormy Daniels attend The Universal Pictures Premiere of Forgetting Sarah Marshall at Graumans Chinese Theatre on April 10, 2008 in Hollywood, CA. (Photo by ANDREAS BRANCH/Patrick McMullan via Getty Images)
HOLLYWOOD - JULY 27: Comedian Dane Cook with Stormy Daniels attend a signing for his new CD/DVD 'Retaliation' at Tower Records on July 27, 2005 in Hollywood California. (Photo by Matthew Simmons/Getty Images)
HOLLYWOOD - JULY 27: Stormy Daniels attends a signing for Comedian Dane Cook's new CD/DVD 'Retaliation' at Tower Records on July 27, 2005 in Hollywood California. (Photo by Matthew Simmons/Getty Images)
Angel Cassiday and Stormy Daniels AKA Stormy Waters (Photo by Jon Kopaloff/FilmMagic)
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Clifford claims that she had sex with Trump once in 2006, a few months after Trump's wife Melania gave birth to the couple's son, Barron, and continued to see Trump for several months. Just ten days before the 2016 election, Cohen paid $130,000 of what he says was his personal money to Clifford to compel her to stay silent about the alleged affair.

The adult-film star told CNN's Anderson Cooper on Sunday that she was threatened by an associate of Trump's in 2011, shortly after she attempted to sell the story of her relationship with Trump to InTouch Magazine.

The Wall Street Journal broke the story of the payment in January 2018. Shortly after, InTouch published the transcript of a lengthy interview it conducted with Clifford in 2011 in which she detailed the affair. 

Clifford sued the president on March 6, arguing that the nondisclosure agreement she said was designed to conceal the affair is invalid because the president never signed it. The suit claimed Trump "purposely did not sign the agreement so he could later, if need be, publicly disavow any knowledge of the Hush Agreement and Ms. Clifford."

Cohen, who has admitted to facilitating the $130,000 payment, denied the negotiations or the payment were made on behalf of the Trump Organization or the Trump campaign. White House press secretary Sarah Huckabee Sanders continues to maintain that the president denies having any relationship with Clifford and did not know about the payment or the non-disclosure agreement.

On Wednesday, Cohen's attorney, David Schwartz, also said that Trump was not aware of the nondisclosure agreement and that Cohen acted independently of the then-presidential candidate in dealing with Clifford. 

Some legal experts say this admission means that the nondisclosure agreement is, indeed, void and that Clifford can release the documentary evidence she has suggested she has regarding their relationship. 

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