Stormy Daniels considering suing President Trump for defamation

Stormy Daniels is full steam ahead with plans to sue President Trump for defamation, her lawyer said Friday after a tense court hearing in Los Angeles.

"We're filing a separate action against Mr. Trump for his defamatory outrageous, statements earlier this week where he effectively called my client a liar and stated that she was trying to pull a con on the American people," Michael Avenatti said as he addressed media outside the hearing related to a prior lawsuit Daniels filed against Trump and his personal lawyer Michael Cohen.

The prior lawsuit seeks to invalidate the $130,000 "Hush Agreement" she signed in 2016 to stay silent about her claims she had an intimate relationship with Trump in 2006. It was filed in early March and was later amended to add a defamation claim against Cohen.

"I very much look forward to placing Mr. Trump under oath and asking him about the basis for the outlandish, outrageous baseless statements. And that day will come, it may not come next month or next year, but it is going to come," Avenatti vowed in a fiery statement on the courthouse steps.

RELATED: What Stormy Daniels has said about her alleged affair with Trump

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What Stormy Daniels has said about her affair with Trump
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What Stormy Daniels has said about her affair with Trump

She says: In Touch never paid her for her story

Daniels says she was never paid the $15,000 she was originally offered by In Touch for the story of her alleged affair with Trump.

She says: Her sexual encounter with Trump was consensual

Daniels had said during the "60 Minutes" interview that she didn't want to have sex with Trump – but when asked by Anderson Cooper if the encounter with Trump was consensual, the adult film star responded affirmatively, saying, "yes, yes."

She says: Trump's lawyer threatened her and her daughter

As she detailed the aftermath of the alleged affair, Stormy Daniels -- whose real name is Stephanie Clifford -- described a moment in a Las Vegas parking lot when a man threatened her:

"And a guy walked up on me and said to me, 'Leave Trump alone. Forget the story.' And then he leaned around and looked at my daughter and said, 'That's a beautiful little girl. It'd be a shame if something happened to her mom.' And then he was gone."

She says: Trump compared her to Ivanka

"He was like, 'Wow, you — you are special. You remind me of my daughter,'" Daniels told "60 Minutes." "You know — he was like, 'You're smart and beautiful, and a woman to be reckoned with, and I like you. I like you.'"

She says: Trump "brushed aside" his relationship with Melania

When asked by Anderson Cooper about Trump's marriage to Melania Trump, Daniels said Trump "brushed aside" any concern surrounding his marital vows. She said he spoke of his marriage to Daniels, saying:

"Oh yeah, yeah, you know, don’t worry about that. We don’t even—we have separate rooms and stuff."

She says: She spanked Trump with a magazine with Trump on the cover

Stormy Daniels confirmed in her "60 Minutes" interview the earlier report that she had spanked Trump with a magazine featuring himself on the cover.

She says: She was paid $130,000 in hush money

Michael Cohen has confirmed that he paid Stephanie Clifford $130,000 11 days before the 2016 election. A former chairman of the Federal Election Commission has since said this payment may have been illegal.

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In his Wednesday tweet, Trump scoffed at the sketch Avenatti released this week depicting the man who allegedly threatened Daniels years ago for claiming she slept with Trump.

"A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!" Trump tweeted.

Speaking to the Daily News on Friday, Avenatti blasted the tweet as "ridiculous."

"It's absolutely irresponsible for anybody to do that, let alone the president of the United States," he said. "His undisciplined nature may serve him in some context. It's not going to serve him well with me and my client."

Avenatti spoke after a morning hearing on a joint request by Trump and Cohen for a 90-day stay in Daniels' lawsuit.

The judge knocked Cohen's motion as having "gaping holes" because it failed to include a declaration from Cohen himself stating he planned to invoke his Fifth Amendment right against self-incrimination in the case following FBI raids on his New York office, residence and hotel April 9.

Cohen's lawyer ultimately agreed to provide such an affidavit as the judge took the matter under submission. A ruling is expected in the next two weeks.

During extended arguments Friday, Cohen's lawyer Brent Blakely argued his client needs the 90-day timeout because it's possible he might face a criminal indictment.

"They seized all of Mr. Cohen's files, cell phones, computers, contracts and a number of records including all of his records in this case," Blakely argued. "They took everything, and they still have it."

Avenatti disputed that claim, telling the court his understanding was that authorities only "imaged" the phone and computer files and then left the devices "behind."

"They took 10 banker boxes, but there's been no showing any of those documents related to (this) case," Avenatti said. "And Mr. Blakely's office was not raided."

Avenatti said his client, whose real name is Stephanie Clifford, shouldn't have to take a back seat to a criminal investigation in New York that hasn't yielded any charges yet and might not even have the "substantial overlap" with her case that would be needed to justify a delay.

"For all we know, the (investigation) could relate to taxi medallions, other business interests, ties of Mr. Cohen to individuals in Russia," he said.

"The phrase 'justice delayed is justice denied' has never been more appropriate," Avenatti said.

In his argument, Blakely said his side was only asking for a "very modest" delay of three months to protect Mr. Cohen's constitutional rights.

He said the adverse effect on Daniels appeared to be minimal because she's already spoken publicly about her claims.

U.S. District Judge S. James Otero seemed persuaded by that argument.

"Your client has been on '60 Minutes,' been on 'The View,'" he said. "She doesn't seem to be deterred."

Avenatti said her First Amendment rights remained under siege.

"There's a number of things she has not done out of fear, out of the threat (of the) $1 million liquidated damages clause," he said, referring to the clause in the confidentiality agreement that states her penalties for breaking the hush agreement.

Avenatti also argued that it's not fair to put Daniels's defamation claim against Cohen on the back burner while lawyers on both coasts charge Cohen hefty legal fees in the meantime, possibly leaving him penniless.

"My client cannot be left with a worthless judgment on defamation," he argued.

Avenatti suggested a scenario where the case moves ahead, Cohen is called for a deposition and he simply asserts the Fifth Amendment to any questions that infringe on his constitution right against self-incrimination.

"No one is compelling Mr. Cohen to answer questions…His Fifth Amendment rights can easily be maintained," he said.

"I'm going to look at whether there's a less-drastic means, other than a stay," Judge Otero said as he declined to issue an immediate ruling.

Judge Otero also said he'd consider whether the defamation count against Cohen could move ahead while the underlying request to invalidate the confidentiality agreement is placed on hold.

Daniels originally sued for relief against Trump and Cohen's Essential Consultants LCC on March 6, saying her "Hush Agreement" with the men should be declared "legally null and void" because Trump never signed it.

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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Under the agreement, Daniels accepted $130,000 in exchange for her silence about an alleged affair with Trump in 2006, which included a sexual encounter that began with her spanking Trump with a magazine bearing his face on the cover.

Trump recently stated publicly that he had no knowledge of the agreement when Cohen paid the hefty fee out of his own pocket with less than two weeks to go before the 2016 presidential election.

News of the deal led the watchdog group Common Cause to file a complaint with the Federal Election Commission over allegations the payment amounted to an illegal in-kind campaign contribution.

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