Case 2:18-cv-06893-SJO-FFM Document 30-3 Filed 09/03/18 Page 1 of 8 Page ID #:952

1 AVENATTI & ASSOCIATES, APC Michael J. Avenatti, State Bar No. 206929 2 Ahmed Ibrahim, State Bar No. 238739 520 Newport Center Drive, Suite 1400 3 Newport Beach, CA 92660 Telephone: 949.706.7000 4 Facsimile: 949.706.7050

5 Attorneys for Plaintiff Stephanie Clifford a.k.a. 6

7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 STEPHANIE CLIFFORD a.k.a. CASE NO.: 2:18-cv-06893-SJO-FFM STORMY DANIELS, 12 Plaintiff, PLAINTIFF STEPHANIE 13 CLIFFORD’S EVIDENTIARY vs. 14 OBJECTIONS TO THE DECLARATION OF CHARLES J. 15 DONALD J. TRUMP, HARDER IN SUPPORT OF

16 SPECIAL MOTION TO Defendant. STRIKE/DISMISS OF DEFENDANT 17 DONALD J. TRUMP PURSUANT TO 18 “ANTI-SLAPP” STATUTE OR, ALTERNATIVELY, TO DISMISS 19 COMPLAINT PURSUANT TO FRCP 20 12(b)(6)

21 Assigned to the Hon. S. James Otero 22 Action Filed: April 30, 2018 23 24 Hearing Date: September 24, 2018 Hearing Time: 10:00 a.m. 25 Location: 350 West 1st Street 26 Courtroom 10C Los Angeles, CA 90012 27 28

EVIDENTIARY OBJECTIONS TO DECLARATION OF CHARLES J. HARDER Case 2:18-cv-06893-SJO-FFM Document 30-3 Filed 09/03/18 Page 2 of 8 Page ID #:953

1 Plaintiff Stephanie Clifford (“Plaintiff”) hereby objects to the fact declaration of 2 Charles J. Harder as follows: 3

4 OBJECTION TO DECLARATION OF CHARLES J. HARDER 5 6 Citation Objection Ruling Paragraph 2: Exhibit A is irrelevant. Fed. R. Sustained: __ 1. 7 Attached hereto as Exhibit A is Evid. 401-402. It is also Overruled:__ 8 a true and correct copy of the hearsay. Fed. R. Evid. 801. It filmography for plaintiff also lacks foundation and is 9 Stephanie Clifford aka Stormy lacking in personal knowledge. 10 Daniels (“Ms. Clifford”) from Fed. R. Evid. 602. the Internet Movie Database, 11 which was obtained from the 12 following URL:https://m.imdb.com/name/n 13 m1317917/filmotype/actress?ref 14 _=m_nmfm_1. Paragraph 5: Exhibit D is irrelevant. Fed. R. Sustained: __ 2. 15 Attached hereto as Exhibit D is Evid. 401. Overruled:__ 16 a true and correct copy of an uncertified transcript of the 17 appearance by Ms. Clifford on 18 Saturday Night Live on May 5, 2018, which was prepared by 19 junior attorney Theodore 20 Nguyen at my law firm. A video of Ms. Clifford’s appearance can 21 be viewed at the following URL: 22 https://www.youtube.com/watch ?v=K1K8s-tQGqY. 23 Paragraph 6: Exhibit E is irrelevant and Sustained: __ 3. 24 At my instruction and under my misstates the evidence. Fed. R. Overruled:__ supervision, Mr. Nguyen Evid. 401. It also lacks 25 compiled a list of all television foundation. Fed. R. Evid. 602. 26 news appearances by Ms. Clifford and Mr. Avenatti 27 between March 6, 2018 (the date 28 Ms. Clifford filed her initial

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1 action against Mr. Trump) and the date of this declaration 2 (August 24, 2018). Mr. Nguyen 3 performed this task by reviewing news organizations’ websites 4 and social media accounts 5 including CNN, ABC, NBC, CBS and others, and compiling a 6 list of each individual 7 appearance, by date. According to Mr. Nguyen’s analysis, Ms. 8 Clifford and/or Mr. Avenatti 9 have appeared on no less than 143 national television news 10 shows, to talk about Ms. 11 Clifford’s accusations against Mr. Trump and/or the ensuing 12 litigation. Attached hereto as 13 Exhibit E is the chart that Mr. Nguyen prepared, listing each of 14 the television news appearances. 15 A separate Declaration of Theodore Nguyen, attesting to 16 his work, can be prepared and 17 provided to the Court upon request. 18 Paragraph 7: Exhibit F is irrelevant. Fed. R. Sustained: __ 4. 19 Attached hereto as Exhibit F is a Evid. 401-402. Overruled:__ true and correct copy of a July 4, 20 2018 tweet by Mr. Avenatti, 21 which was obtained from the following URL: 22 https://twitter.com/MichaelAven 23 atti/status/101450977806266368 1?ref_src=twsrc%5Etfw%7Ctwc 24 amp%5Etweetembed%7Ctwterm 25 %5E1014509778062663681&ref _url=https%3A%2F%2Fwww.cb 26 snews.com%2Fnews%2Fstormy- 27 daniels-lawyer-michael-avenatti- might-run-for-president%2F. Mr. 28 Avenatti’s tweet, which was in

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1 response to another user’s tweet asking, “When are you 2 announcing your 2020 run?”, 3 states: “IF (big) he seeks re- election, I will run, but only if I 4 think that there is no other 5 candidate in the race that has a REAL chance at beating him. 6 We can’t relive 2016. I love this 7 country, our values and our people too much to sit by while 8 they are destroyed. #FightClub 9 #Basta.” Paragraph 8: Exhibit G is irrelevant. Fed. R. Sustained: __ 5. 10 Attached hereto as Exhibit G is Evid. 401-402. Overruled:__ 11 a true and correct copy of an August 14, 2018 tweet by Mr. 12 Avenatti, which contains a list of 13 his political policy positions, in connection with his possible run 14 for president, in the areas of jobs, 15 immigration, healthcare and other national issues, which was 16 obtained from the following 17 URL: https://twitter.com/michaelavenat 18 ti/status/1029385486958305280. 19 Mr. Avenatti’s tweet states: “Many have asked me my 20 position on various issues. Below 21 is a summary of where I stand. This is not an exhaustive list and 22 more positions & details will 23 follow. Most importantly, I didn’t have to hire a pollster or 24 political consultant to tell me 25 what to say or what to believe.” 26 27 28

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Paragraph 9: Exhibit H is irrelevant. Fed. R. Sustained: __ 1 6. Attached hereto as Exhibit H is Evid. 401-402. Overruled:__ 2 a true and correct copy of an 3 article entitled, Michael Avenatti in Iowa: ‘I’m exploring a run for 4 the presidency of the United 5 States,’ which was published by the Des Moines Register on 6 August 9, 2018, at the following 7 URL: https://www.desmoinesregister.c 8 om/story/news/politics/2018/08/ 9 09/michael-avenatti-iowa-wing- ding-president-exploring-run- 10 caucus-2020-stormy- 11 daniels/935636002/. Paragraph 10: Exhibit I is irrelevant. Fed. R. Sustained: __ 7. 12 Attached hereto as Exhibit I is a Evid. 401-402. It is also Overruled:__ 13 true and correct copy of an hearsay. Fed. R. Evid. 801. article entitled, Michael Avenatti 14 Visits New Hampshire, 15 Furthering a Prospective Presidential Bid, which was 16 originally published by Time 17 Magazine on August 19, 2018, at the following URL: 18 http://time.com/5371362/michael 19 -avenatti-trump-new-hampshire- presidency/. 20 Paragraph 11: Exhibit J is irrelevant. Fed. R. Sustained: __ 8. 21 Attached hereto as Exhibit J are Evid. 401-402. It is also Overruled:__ true and correct copies of posts hearsay. Fed. R. Evid. 801. 22 from Ms. Clifford’s Instagram 23 account detailing her tour appearances at live adult 24 entertainment venues around the 25 United States as part of her “Make America Horny Again” 26 tour. These posts were obtained 27 from the following URL: https://www.instagram.com/thest 28 ormydaniels/?hl=en.

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Paragraph 12: Exhibit K is irrelevant. Fed. R. Sustained: __ 1 9. Attached hereto as Exhibit K is Evid. 401-402. Overruled:__ 2 a true and correct copy of a 3 certified transcript of Mr. Avenatti’s appearance on CNN 4 on April 9, 2018. A video of Mr. 5 Avenatti’s appearance can be viewed at the following URL: 6 https://www.youtube.com/ 7 watch?v=H5bXr-1seIw.

8 Paragraph 13: Exhibit L is irrelevant. Fed. R. Sustained: __ 10. 9 Attached hereto as Exhibit L is Evid. 401-402. Overruled:__ a true and correct copy of an 10 April 7, 2018 tweet by Mr. 11 Avenatti, which was obtained from the following URL: 12 https://twitter.com/michaelavena 13 tti/status/982599066260353025? lang=en. Mr. Avenatti’s tweet 14 states: “Expect a major 15 announcement in the coming days regarding our efforts to 16 identify the thug who threatened 17 Ms. Clifford in Las Vegas in 2011 to ‘leave Trump alone’ 18 while making reference to her 19 little girl. You can run but you can’t hide. #thugsearch 20 #seriousconsequences #basta.” 21 Paragraph 14: Exhibit M is irrelevant. Fed. R. Sustained: __ 11. Attached hereto as Exhibit M is Evid. 401-402. Overruled:__ 22 a true and correct copy of a 23 certified transcript of Mr. Avenatti’s appearance on CNN’s 24 The Situation Room With Wolf 25 Blitzer on April 18, 2018. A video of Mr. Avenatti’s 26 appearance can be viewed at the 27 following URL: https://www.youtube.com/watch 28 ?v=Ui6uXxlNAAs.

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Paragraph 15: Exhibit N is hearsay. Fed. R. Sustained: __ 1 12. Attached hereto as Exhibit N is Evid. 801 Overruled:__ 2 a true and correct copy of the 3 Declaration of in Support of his Anti-SLAPP 4 Motion, filed in Clifford v. 5 Trump et at., Case No. 2:18-cv- 02217-SJO-FFM. 6 Paragraph 16: Exhibit P is hearsay. Fed. R. Sustained: __ 13. 7 Attached hereto as Exhibit O is Evid. 801; see Larez v. City of Overruled:__ a true and correct copy of the Los Angeles, 946 F.2d 630, 8 article entitled, So True? So 642-44 (9th Cir. 1991) (even if 9 False? Did Cheat newspaper quotations were on Melania With a Porn Star?!, themselves admissions or 10 which was published by E! News statements by a party opponent, 11 on or about October 12, 2011, the newspaper articles were still and obtained from the following hearsay and inadmissible, in 12 URL: part because the reporters who 13 http://www.eonline.com/news/26 heard the speaker could have 9058/so-true-so-false-did- testified). It is also irrelevant. 14 donald-trump-cheat-on-melania- Fed. R. Evid. 401-402. 15 with-a-porn-star. Paragraph 17: Exhibit P is hearsay. Fed. R. Sustained: __ 16 14. Attached hereto as Exhibit P is a Evid. 801; see Larez v. City of Overruled:__ 17 true and correct copy of the Los Angeles, 946 F.2d 630, article entitled, Stormy Daniels 642-44 (9th Cir. 1991) (even if 18 says Trump scandal has been newspaper quotations were 19 good for business, which was themselves admissions or 20 published by CNN on or about statements by a party opponent, March 11, 2018, at the following the newspaper articles were still 21 URL: hearsay and inadmissible, in 22 https://www.cnn.com/2018/03/1 part because the reporters who 0/politics/stormy-daniels- heard the speaker could have 23 interview/index.html. testified). It is also irrelevant. 24 Fed. R. Evid. 401-402. 25 26 27 28

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Paragraph 18: Exhibit Q is hearsay. Fed. R. Sustained: __ 1 15. Attached hereto as Exhibit Q is Evid. 801; see Larez v. City of Overruled:__ 2 a true and correct copy of the Los Angeles, 946 F.2d 630, 3 article entitled, One Night with 642-44 (9th Cir. 1991) (even if Stormy Daniels, the Hero newspaper quotations were 4 America Needs, which was themselves admissions or 5 published by Rolling Stone on or statements by a party opponent, about March 9, 2018, at the the newspaper articles were still 6 following URL: hearsay and inadmissible, in 7 https://www.rollingstone.com/ part because the reporters who culture/features/one-night-with- heard the speaker could have 8 stormy-daniels-the-hero- testified). It is also irrelevant. 9 america-needs-w517692. Fed. R. Evid. 401-402. Paragraph 19: Exhibit R is irrelevant. Fed. R. Sustained: __ 16. 10 Attached hereto as Exhibit R is Evid. 401-402. It is also Overruled:__ 11 a true and correct copy of the hearsay. Fed. R. Evid. 801. homepage for the official 12 website of Stormy Daniels (Ms. 13 Clifford), which was obtained from the following URL: 14 http://www.StormyDaniels.com/. Paragraph 20: Exhibit S is irrelevant. Fed. R. Sustained: __ 15 17. Attached hereto as Exhibit S are Evid. 401-402. Overruled:__ 16 true and correct copies of posts 17 from Ms. Clifford’s Instagram account promoting her 18 appearances at live adult 19 entertainment venues, which were obtained from the 20 following URL: 21 https://www.instagram.com/thest ormydaniels/?hl=en. 22

23 Dated: September 3, 2018 AVENATTI & ASSOCIATES, APC

24 By: /s/ Michael J. Avenatti 25 Michael J. Avenatti Ahmed Ibrahim 26 Attorneys for Plaintiff Stephanie Clifford a.k.a. Stormy Daniels 27 28

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