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Super believes it can thus be argued in court that it was “implied that the parties thought that his signature was needed [for the release of these claims].” The upshot here is that if Clifford agreed to this deal on the basis of these essential promises by Trump and he never legally agreed to those promises, then the contract is unenforceable and should be considered moot. “If the contract was money for promises, then you wouldn’t need Trump’s signature,” Super said. “But they didn’t draft it that way. They made it money and promises for promises. So she didn’t get her promises, so they didn’t complete the deal.” The strength of the case could explain Clifford’s public posture. If the contract were valid, filing a lawsuit could be considered a breach of the agreement, as that lawsuit lays out several of the details Clifford would have promised to keep confidential. But she is going further than that, doing an interview with 60 Minutes’ Anderson Cooper—another possible breach. The president of CBS News earlier this week said the network planned to air the interview after it had completed its fact-checking process, despite reported threats from Trump’s legal team to try to prevent it from airing. Given all this, it appears as if Clifford believes she’s in the clear.
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