Judge tosses Stormy Daniels defamation suit against Trump
Judge tosses Stormy Danielsâ defamation suit against Trump
Published: 09:17 am Oct 16, 2018
WASHINGTON: A federal judge dismissed Stormy Danielsâ defamation lawsuit against President Donald Trump on Monday, saying the president made a âhyperbolic statementâ against a political adversary when he tweeted about a composite sketch the porn actressâ lawyer released. Daniels, whose real name is Stephanie Clifford, sued Trump in April after he said a composite sketch of a man she said threatened her in 2011 to keep quiet about an alleged affair with the real estate mogul was a âcon job.â Trump tweeted that the man was ânonexistentâ and that Daniels was playing the âfake news media for fools.â He retweeted a side-by-side photo comparing the sketch with a photo of Danielsâ husband. In an order handed down Monday, US District Judge S. James Otero said Trumpâs statement was protected speech under the First Amendment. âIf this Court were to prevent Mr. Trump from engaging in this type of ârhetorical hyperboleâ against a political adversary, it would significantly hamper the office of the President,â the judge wrote. âAny strongly worded response by a president to another politician or public figure could constitute an action for defamation. This would deprive this country of the âdiscourseâ common to the political process.â Danielsâ attorney, Michael Avenatti, vowed to appeal the decision and said he was confident it would be reversed. âThere is something really rich in Trump relying on the First Amendment to justify defaming a woman,â Avenatti said. But the presidentâs lawyer immediately hailed the ruling as a âtotal victoryâ for Trump. âNo amount of spin or commentary by Stormy Daniels or her lawyer, Mr. Avenatti, can truthfully characterize todayâs ruling in any way other than total victory for President Trump and total defeat for Stormy Daniels,â Trumpâs attorney, Charles Harder, said in a statement. The judgeâs ruling also entitles Trump to collect attorneysâ fees from Daniels, but the amount that Daniels would need to pay will be determined later, Harder said. The defamation claim is separate from another lawsuit that Daniels filed against Trump, which is continuing. Daniels was paid $130,000 as part of a nondisclosure agreement signed days before the 2016 election and is suing to dissolve that contract. Daniels has argued the agreement should be invalidated because Trumpâs then-personal lawyer and fixer, Michael Cohen, signed it, but Trump did not. Lawyers for Trump and Cohen now say the deal that paid Daniels $130,000 to keep quiet was invalid, and they wonât sue her for breaking it. Trumpâs attorney said the president never considered himself as a party to the agreement and doesnât dispute Danielsâ assertion that the contract isnât valid. While Trump and Cohen want the court to toss out the litigation as moot, Danielsâ lawyer wants to keep the case alive, hoping to compel Trump to answer questions under oath about what he may have known about the deal. Cohen pleaded guilty in August to campaign finance violations alleging he coordinated with Trump on a hush-money scheme to buy the silence of Daniels and a Playboy model who alleged affairs.