Published: Tue, October 16, 2018
Global News | By Stacy Ballard

Judge Dismisses Stormy Daniels' Defamation Lawsuit Against Donald Trump

Judge Dismisses Stormy Daniels' Defamation Lawsuit Against Donald Trump

Even more recently, Otero said that Trump's use of the insult "con job" to describe the sketch of "a nonexistent man" who Daniels claimed threatened her in a parking lot "appear [ed] to be rhetorical hyperbole by a public official involving a public figure", as opposed to actual defamation.

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

The judgment defined "rhetorical hyperbole" as "extravagant exaggeration employed for rhetorical effect" and said Mr Trump's tweet had "an incredulous tone, suggesting that the content of his tweet was not meant to be understood as a literal statement about Plaintiff".

"In making the statement, Mr. Trump used his national and global audience of millions of people to make a false factual statement to denigrate and attack Ms. Clifford", stated the original April 30 defamation filing in New York Supreme Court by Daniels lawyer Michael Avenatti after Trump let off on social media.

In the lawsuit, Clifford alleged that a Trump tweet, which said she had fabricated the encounter, had defamed her, saying it made her out to be a liar. However, she does have a right to pursue an appeal.

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"The First Amendment (of the US Constitution) protects this type of rhetorical statement".

Charles Harder, one of Trump's attorneys, praised Otero's decision, saying that the amount of legal fees owed would be announced at a later date. It also calls the lawsuit a "fishing expedition" and finds that Daniels has failed to show that Trump "acted with actual malice or reckless disregard for the truth".

"Daniels' other claims against Trump and Cohen proceed unaffected", tweeted Avenatti.

Michael Avenatti, Clifford's attorney and a potential 2020 Democratic presidential candidate, said Clifford would appeal.

That did not prevent Avenatti from responding via his social media account.

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President Donald Trump scored a legal victory Monday, October 15, against porn star Stormy Daniels when a federal U.S. judge rejected her defamation suit against him.

Daniels' lawsuit over a hush-money deal is pending. Avenatti has said he wants to keep the case alive.

Daniels had said the agreement should be invalidated because Cohen signed it, but Trump didn't.

Cohen pleaded guilty last August to campaign finance violations for arranging payments both to Daniels and to a former Playboy model to influence the election.

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