A prosecutor's memo provided by Avenatti says an OH illegal touching law can't be enforced because Daniels has only appeared once at the Columbus club.
Police arrested Daniels, whose legal name is Stephanie Clifford, and two other unidentified people at the Sirens strip club in Columbus late Wednesday night on three misdemeanor counts of illegal sexual oriented activity.
CNBC's Rosenfeld also added, "Avenatti told NBC News that he was of the understanding that there were multiple undercover vice officers in the club during Daniels' show".
Daniels' lawyer, Michael Avenatti, vowed to fight the "bogus charges" of what he is calling a "setup" that was "politically motivated".
"We are highly confident that in the unlikely event that the district attorney proceeds with charges that she will be found not guilty", Avenatti told The Post. Avenatti tweeted Thursday. "They are devoting law enforcement resources to sting operations for this? We will vehemently contest all charges".
The law, The Community Defense Act, prohibits adult entertainment - defined as nude or topless dancing - between midnight and 6am.
Avenatti had claimed the arrest was a politically motivated "set up" and also blasted the police's explanation. The club, Sirens, advertised Daniel's appearance on Twitter ahead of Wednesday night's performance.
"We think that the prosecutor is going to be reasonable in how they approach this", he said.
CNN affiliate WSYX obtained the probable cause affidavit for Daniels's arrest which alleged that she removed her top and forced patrons' face into her chest. Then-Governor Ted Strickland, a Democrat, allowed the law to take effect without his signature despite a Statehouse debate that included young women in pink "Dancers for Democracy" shirts opposing the effort, the Columbus Dispatch reported.
Daniels has been embroiled in a lawsuit with the president since early March, to get out of a non-disclosure agreement relating to an alleged affair she had with him in 2006. Are you kidding me?
Daniels was scheduled to perform at Sirens Gentlemen's Club on Wednesday and Thursday, according to its website.
Daniels is suing the president and his former longtime personal lawyer and fixer Michael Cohen, and trying to invalidate a nondisclosure agreement she signed days before the 2016 presidential election.