Stormy Daniels defamation suit against Trump tossed on 1st Amendment grounds

16 October, 2018, 09:44 | Author: Myra Gill
  • Judge dismisses Stormy Daniels’ defamation suit against Trump, orders her to pay legal fees

A judge has dismissed the lawsuit from adult film worker Stormy Daniels against President Donald Trump and ordered that she pay the president's attorney's fees.

"The ruling also states that the President is entitled to an award of his attorneys' fees against Stormy Daniels", Trump attorney Charles Harder said in a statement to Fox News. Trump's contrary claims are as deceptive as his claims about the inauguration attendance.

Lawyers for Mr Trump have sought to dismiss both lawsuits.

The defamation claim is separate from another lawsuit that Daniels filed against Trump, which is continuing.

Daniels said the man approached her as she was getting her infant daughter out of the vehicle to attend a mommy-and-me exercise class.

"If this Court were to prevent Mr. Trump from engaging in this type of "rhetorical hyperbole" against a political adversary, it would significantly hamper the office of the President", the judge wrote.

Daniels' attorney, Michael Avenatti, vowed to appeal the decision and said he was confident it would be reversed.

Trump and his team countered Ms Daniels' accusations by claiming her story was a fabrication.

In the ruling, U.S. District Judge James Otero said the tweet "constitutes "rhetorical hyperbole" normally associated with politics and public discourse in the United States" that is protected by the First Amendment.

Daniels said the man was threatening her for going public about an alleged sexual encounter with Trump in 2006.

With that, and other legal battles between Trump and Daniels in other jurisdictions still on-going and not at all hampered by today's ruling, it became a showdown between the lawyers.

"There is something really rich in Trump relying on the First Amendment to justify defaming a woman", he added.

He says there's no way to characterize Monday's ruling in any other way than a total victory for President Trump and a total defeat for Stormy Daniels.

'We want to get to the bottom of who this is, and we think we know who this is, but we want to confirm it, ' Avenatti told The View's audience.

Daniels was paid $130,000 as part of a nondisclosure agreement signed days before the 2016 election and is suing to dissolve that contract.

The lawyer explained that Daniels had looked at photos of a number of individuals "we believe indirectly" worked for Trump and Cohen, Avenatti said.



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