Federal judge dismisses Stormy Daniels' defamation lawsuit against Trump
"The Court agrees with Mr. Trump's argument because the tweet in question constitutes 'rhetorical hyperbole' normally associated with politics and public discourse in the United States. The First Amendment protects this type of rhetorical statement," Otero wrote.
S E E D E D C O N T E N T
(CNN)A federal judge has dismissed adult film star Stormy Daniels' defamation lawsuit against President Donald Trump.
Daniels sued Trump after he said in a tweet that her story of a man threatening her not to come forward with her story of her alleged affair with Trump was "a total con job."
In addition to dismissing the lawsuit, Otero ruled Trump is entitled to attorney's fees.
Daniels argued Trump's tweet, posted April 18, "attacks the veracity of her account" of the incident and that Trump's statement was "false and defamatory, and that the tweet was defamation ... because it charged her with committing a serious crime," District Judge S. James Otero wrote in his opinion Monday.
Trump had asked Otero to dismiss the lawsuit.
"The Court agrees with Mr. Trump's argument because the tweet in question constitutes 'rhetorical hyperbole' normally associated with politics and public discourse in the United States. The First Amendment protects this type of rhetorical statement," Otero wrote.
In addition to dismissing the lawsuit, Otero ruled Trump is entitled to attorney's fees.
Trump welcomed the ruling on Tuesday morning, using a derogatory term to describe Daniels' appearance.
"Great, now I can go after Horseface and her 3rd rate lawyer in the Great State of Texas. She will confirm the letter she signed! She knows nothing about me, a total con!" Trump tweeted.
Trump's attorney Charles J. Harder said in a statement to CNN, "No amount of spin or commentary by Stormy Daniels or her lawyer, Mr. Avenatti, can truthfully characterize today's ruling in any way other than total victory for President Trump and total defeat for Stormy Daniels."
"The amount of the award for President Trump's attorneys' fees will be determined at a later date," Harder added.
Daniels, whose real name is Stephanie Clifford, says she and Trump had an affair in 2006, after he married first lady Melania Trump and she gave birth to their son, Barron. Trump has denied having an affair with Daniels.
Daniels is also suing Trump and his former personal attorney Michael Cohen over the $130,000 payment made to her to keep silent about the alleged affair in the weeks leading up to the 2016 election. The ruling on Monday plays no role in that case, which continues to work its way through the court system.
Daniels' attorney, Michael Avenatti, responded to the ruling on Twitter and said: "Daniels' other claims against Trump and Cohen proceed unaffected. Trump's contrary claims are as deceptive as his claims about the inauguration attendance."
Avenatti filed a notice of appeal Monday evening in Daniels' defamation case against Trump.
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Another win for Trump......Avenatti now down for the trial expenses.
I think she has a GoFundMe page.
Yes, I believe so. Well I guess Avenatti can start using it by paying Trump's legal fees
And it's hilarious that most of the people that contributed to support Daniels know that their money is going to Trump.
Bad month for Creepy Porn Lawyer. First the totally uncredible third accuser and now this.
Its gonna take a lot of lap dances for Stormy to pay this one off.
"Mr. Trump's argument because the tweet in question constitutes 'rhetorical hyperbole'"
No kidding, everything Trump tweets is either a bold faced lie or rhetorical hyperbole.
So this case being thrown out doesn't disprove anything about her story, we all know Trump was sleazily sleeping around with her while he had a newborn at home with his third wife. We all know that he did know about the payments made to keep his mistresses quiet during the campaign. The only thing this dismissal proves is Trump overt defamation is okay because the courts found nothing in Trumps tweets can be taken seriously.
Irronic eh ?
sad as hell ta boot !
This would be hilarious if not so serious, sad when the court says the president words don't mean shit.
and they are correct. that's the worst part.
Ya, and we all know she got paid to shut her big filthy mouth, which she couldn't do.
[deleted] the misogynistic attitudes of the conservative right where they attack the woman Trump had an affair with while his wife was at home with their newborn. Then Trump tries to bribe his mistress to keep her quiet, but the single woman, who was not cheating on anyone, is now the apparently disloyal "big filthy mouth" whore according to religious conservatives while Trump is somehow the innocent victim. Just two years ago I would have said that was an impossible scenario for any politician to survive, but now with Trump supporters ignoring any and all vile conduct, insane tweets, attacks on our allies, cozying up with authoritarians, paying off multiple mistresses, numerous members of his campaign and administration under indictment or pleading guilty of federal crimes, his defense of pedophiles, the 19 credible accusers of sexual assault, his OWN words for goodness sake, none of it bothers a Trump supporter. I can only imagine these are the same folk who thought of Tony Soprano as a white middle class hero, who looked past all the criminal activity because he was standing up for the little guys, or at least the "goodfella's". Having our first gold painted mob boss as President is truly a sad day for America and the constitution.
I wish Rump would shut his big fat filthy ugly mouth.
Huh? Please...you are applying misogynistic 'attitudes' to an entire party over this woman who chose to be a porn star and who may have had an affair with a very married man? Really? There was an alleged payment made to her so that she would remain quiet...and she not only took that payment, but signed an agreement...and Trump is the ONLY villain here? Oh wait - I forgot - anyone who might speak poorly of this woman is a misogynistic villain as well as a Trump 'supporter'.
There is no MORAL high ground here...not in Trump's alleged actions, nor hers....but go ahead, tell everyone how bad Trump is while defending this poor, poor woman because his poor behavior is worse than hers.
You do realize that that's exactly why Trump is the President and Hillary is not...right?
Finally we are at least somewhat in agreement. No where in my comment am I trying to turn the porn star into mother Theresa, she is not guiltless, but to make her the only villain while giving the adulterous slime-ball a pass is unconscionable. And this isn't something that only the Republican party is guilty of, we as a society tend to celebrate a mans infidelity while the same thing in a woman is considered shameful. A man who sleeps around is an envied "dog" at worst, while a woman doing the same is a whore, slut or worse. This is changing, but too slowly and is slowest in the conservative Republican community.
How do you defame a porn star? Is there really some level of social respect or professional opportunity that are open to the typical porn star but suddenly closed off because of something Trump said about you?
OMG - Thanks for the much needed laugh!
Calling someone who makes her living off her looks "horse-face" could be seen as damaging her financially, though I'm sure there are plenty of Trump supporters stroking the pony to equine porn so his insult might have actually boosted her popularity with his base.
It is not her face that makes her living!
It is when it's on the cover selling your videos. As far as I know, porn stars with troll faces don't sell many videos, though it might be a niche fetish like feet.
LOL… Horse face and little hands sounds kinda like native American names to me.
Right up there with "Wipes with Leaves"
or snowflake
LOL.. I think I'd be OK with any of the native American name so far, The native American name I would protest though would be "Butt-hurt".
I'm not sure if it would mean hard working or sitting around all day. It might also mean somebody who just got scammed
LOL... It might also mean somebody who just got Rammed in the butt !!
So.I Think I'll pass.
Even the name "Little hands" is better. IMO
lol