Court dismisses Stormy Daniels’ defamation lawsuit against Trump

0
182
(COMBO) This combination file pictures created on February 14, 2018 shows US President Donald Trump responding to a reporter's question on domestic violence following a working session regarding “opportunity zones” in the Oval Office of the White House in Washington, DC, and adult film actress/director Stormy Daniels attending the 2018 Adult Video News Awards at the Hard Rock Hotel & Casino January 27, 2018 in Las Vegas, Nevada. Donald Trump's personal lawyer has admitted paying $130,000 of his own money to a porn star who claimed to have had an affair with the now US president. Trump's long-time aide and special counsel Michael Cohen refused to say why he paid actress Stormy Daniels the vast sum shortly before the 2016 election.Cohen insisted that he made the payment of his own accord and was not reimbursed by the "Trump Organization nor the Trump campaign." Trump refused to comment on the issue on February 14, 2018. The White House has dodged questions about whether allegations of an affair are true, claiming the matter was dealt with during the campaign. / AFP PHOTO / AFP PHOTO AND GETTY IMAGES NORTH AMERICA / MANDEL NGAN AND Ethan Miller

WASHINGTON: A U.S. federal judge on Monday dismissed a defamation lawsuit against President Donald Trump filed by adult film actress Stormy Daniels’ and ordered her to pay his attorney’s fees, saying a “hyperbolic statement” the president had written referring to her was protected by free-speech laws under the first amendment, Reuters reported.

Daniels’ lawyer, Michael Avenatti, said they would appeal the decision.

Daniels, whose real name is Stephanie Clifford, has said she had a sexual encounter with Trump in 2006. Daniels has said that in 2011, a man approached her in a Las Vegas parking lot and threatened her after she had agreed to talk about her experience with Trump in an interview. She then released a sketch of the man.

Trump responded by dismissing her claims in a tweet, saying, “A sketch years later about a non-existent man. A total con job, playing the Fake News Media for Fools (but they know it)!”

Daniels, who has also sued over a $130,000 hush money agreement over the alleged encounter, sued over the tweet, claiming it made her appear to be a liar. Attorneys for Trump have sought to dismiss both lawsuits.

In his ruling, Judge S. James Otero said Trump’s tweet was protected by freedom of speech.

“The Court agrees with 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, who presides over both lawsuits.

Charles Harder, Trump’s lawyer, said the amount of the award for Trump’s attorneys’ fees would be determined later.