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Stormy Daniels' lawyer asks federal court for permission to depose Trump and his lawyer

  • The lawyer for porn star Stormy Daniels has asked for permission to depose President Donald Trump.
  • Michael Avenatti is believed to want to ask Trump and his lawyer about hush money paid to Daniels.
  • The White House has said Trump denies having an affair with Daniels, which she says began in 2016, soon after Melania Trump gave birth to their son Barron.
The actress Stephanie Clifford, who uses the stage name Stormy Daniels, arrives to perform at the Solid Gold Fort Lauderdale strip club on March 9, 2018 in Pompano Beach, Florida.
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The actress Stephanie Clifford, who uses the stage name Stormy Daniels, arrives to perform at the Solid Gold Fort Lauderdale strip club on March 9, 2018 in Pompano Beach, Florida.

The lawyer for adult entertainment star Stormy Daniels has filed a motion in a California court seeking to force President Donald Trump, and his lawyer Michael Cohen, to testify under oath.

On the eve of the 2016 presidential election, Daniels accepted $130,000 from Cohen and signed an agreement, using a pseudonym, to not talk about an alleged relationship with Trump. Through spokespeople, Trump has denied that he had an affair with Daniels.

Now Daniels' attorney, Michael Avenatti, has requested a deposition of "no greater than two hours" of the president. The main aim is to ask Trump if he knew about the payment.

The deposition references Stephanie Clifford a.k.a. Stormy Daniels a.k.a. Peggy Peterson. The U.S. president is referred to as Donald J. Trump a.k.a. David Dennison.

President Donald Trump and Stormy Daniels.
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President Donald Trump and Stormy Daniels.

Dennison is the name used in the non-disclosure agreement (NDA) that the adult star signed with Trump's personal counsel, Michael Cohen.

Daniels' lawyer has argued that the NDA is invalid as it was never signed by Trump.

The request to the court also asks to depose Michael Cohen, Trump's lawyer who has said he made a $130,000 "hush money" payment to Stormy Daniels. Cohen has claimed the money was from his own funds and was done without the knowledge of the president.

Daniels has previously offered to give back the money she got from Trump's lawyer in exchange for the right to publish "any text messages, photos and/or videos" she has relating to Trump.

WATCH: Trump's lawyer says he paid Stormy Daniels from his own pocket

A third request is also made for the "production of documents directed to Mr. Trump and Mr. Cohen on various topics relating to the Hush Agreement."

The document has also asked the court for a jury trial to establish whether any "Hush Agreement" was formed, or ever existed, between the parties.

According to CBS News, David Schwartz, an attorney who serves as a spokesman for Michael Cohen, has dismissed suggestions that the order would be granted.

"I'm sure he (Avenatti) does want to depose the president. This case is so illogical, it's not going to happen. You can't make that happen by bringing a frivolous action."

A deposition in the law of the United States involves the taking of sworn, out-of-court oral testimony. It can be converted to a written transcript for later use in court.

Avenatti has previously told NBC News that the case has never been about money but allowing Daniels to tell the truth.

"The American people should be permitted to judge for themselves who is shooting straight with them and who is misleading them," he said.

Stormy Daniels' real name is Stephanie Clifford. She's 39-years-old and has been directing and acting in adult films for almost two decades.

She alleges she had sex with Trump in July 2006 and continued to stay in touch with him. The White House has said Trump denies having an affair with Daniels.

Spokespersons for the White House and Michael Cohen were not immediately available when contacted by CNBC for comment on these latest developments.