The judge launches Stormy Daniels & # 039; Defamation suit against Trump
The judge launches Stormy Daniels & # 039; Defamation suit against Trump
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A federal judge dismissed the defamation suit of Stormy Daniels against the president Donald Trump On Monday, he said the president made a "hyperbolic statement" against a political adversary when he tweeted about a composite outline published by the porn actress's lawyer.
Daniels, whose real name is Stephanie Clifford, sued Trump in April after she said an outline composed of a man who said he threatened her in 2011 to shut up an alleged affair with the real estate The tycoon was a "swindler".
Trump tweeted that the man was "non-existent" and that Daniels was playing in "fake media for fools". He retweeted a photo from side to side comparing the sketch with a photo of Daniels' husband.
In an order issued Monday, US District Judge S. James Otero said Trump's statement was a speech protected under the First Amendment.
"If this Court prevents Trump from engaging in this kind of 'rhetorical hyperbole' against a political adversary, it would significantly hamper the President's office," the judge wrote. "Any response strongly drafted by a president to another politician or public figure could constitute an action for defamation, which would deprive this country of the" discourse "common to the political process."
Daniel's lawyer Michael AvenattiHe promised to appeal the decision and said he was confident it would be reversed.
"There is something really rich about Trump that is based on the First Amendment to justify defamation of a woman," Avenatti said.
But the president's lawyer immediately called the decision a "total victory" for Trump.
"No amount of drafts or comments from Stormy Daniels or his attorney, Mr. Avenatti, can honestly characterize today's ruling other than the total victory for President Trump and the total defeat for Stormy Daniels," he said. Trump's lawyer, Charles Harder, in an interview. declaration.
The judge's decision also entitles Trump to collect Daniels' attorney's fees, but the amount Daniels would have to pay will be determined later, Harder said.
The defamation lawsuit is separate from another lawsuit that Daniels filed against Trump, which continues. Daniels was paid $ 130,000 as part of a confidentiality agreement signed days before 2016. choice and is suing to dissolve that contract. Daniels has argued that the agreement must be invalidated because the then personal lawyer of Trump and the repairman, Michael Cohen, signed it, but Trump did not.
The attorneys for Trump and Cohen now say the agreement that paid Daniels $ 130,000 to shut up was not valid, and they will not sue her for breaking it. Trump's lawyer said the president never considered himself part of the agreement and does not deny Daniels' claim that the contract is invalid.
While Trump and Cohen want the court to dismiss the lawsuit, Daniels' lawyer wants to keep the case alive, hoping to force Trump to answer questions under oath about what he may have known about the settlement.
Cohen pleaded guilty in August to violations of the campaign's finances on the grounds that he coordinated with Trump on a secret money plan to buy the silence of Daniels and a Playboy model who allegedly had problems.
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Associated Press writer Catherine Lucey contributed to this report.
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