STREAMING NOW: Watch Now

Federal judge dismisses Stormy Daniels' defamation lawsuit against Trump

A federal judge has dismissed adult film star Stormy Daniels' defamation lawsuit against President Donald Tr...

Posted: Oct 16, 2018 3:38 PM
Updated: Oct 16, 2018 3:38 PM

A federal judge has dismissed adult film star Stormy Daniels' defamation lawsuit against President Donald Trump.

Daniels sued Trump after he said in a tweet that her story of a man threatening her not to come forward with her story of her alleged affair with Trump was "a total con job."

Donald Trump

Government and public administration

Government bodies and offices

Intentional torts

Law and legal system

Libel and slander

Misc people

Political Figures - US

Stormy Daniels

Torts

US federal government

White House

Barron Trump

Celebrities

Melania Trump

Daniels argued Trump's tweet, posted April 18, "attacks the veracity of her account" of the incident and that Trump's statement was "false and defamatory, and that the tweet was defamation ... because it charged her with committing a serious crime," District Judge S. James Otero wrote in his opinion Monday.

Trump had asked Otero to dismiss the lawsuit.

"The Court agrees with Mr. 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.

In addition to dismissing the lawsuit, Otero ruled Trump is entitled to attorney's fees.

Trump welcomed the ruling on Tuesday morning, using a derogatory term to describe Daniels' appearance.

"Great, now I can go after Horseface and her 3rd rate lawyer in the Great State of Texas. She will confirm the letter she signed! She knows nothing about me, a total con!" Trump tweeted.

Trump's attorney Charles J. Harder said in a statement to CNN, "No amount of spin or commentary by Stormy Daniels or her lawyer, Mr. Avenatti, can truthfully characterize today's ruling in any way other than total victory for President Trump and total defeat for Stormy Daniels."

"The amount of the award for President Trump's attorneys' fees will be determined at a later date," Harder added.

Daniels, whose real name is Stephanie Clifford, says she and Trump had an affair in 2006, after he married first lady Melania Trump and she gave birth to their son, Barron. Trump has denied having an affair with Daniels.

Daniels is also suing Trump and his former personal attorney Michael Cohen over the $130,000 payment made to her to keep silent about the alleged affair in the weeks leading up to the 2016 election. The ruling on Monday plays no role in that case, which continues to work its way through the court system.

Daniels' attorney, Michael Avenatti, responded to the ruling on Twitter and said: "Daniels' other claims against Trump and Cohen proceed unaffected. Trump's contrary claims are as deceptive as his claims about the inauguration attendance."

Avenatti filed a notice of appeal Monday evening in Daniels' defamation case against Trump.

Huntsville
Overcast
66° wxIcon
Hi: 76° Lo: 61°
Feels Like: 66°
Florence
Overcast
69° wxIcon
Hi: 78° Lo: 63°
Feels Like: 69°
Fayetteville
Overcast
67° wxIcon
Hi: 76° Lo: 61°
Feels Like: 67°
Decatur
Overcast
66° wxIcon
Hi: 77° Lo: 61°
Feels Like: 66°
Scottsboro
Overcast
66° wxIcon
Hi: 76° Lo: 60°
Feels Like: 66°
WAAY Radar
WAAY WAAY-TV Cam
WAAY Temperatures

Alabama Coronavirus Cases

Confirmed Cases: 134231

Reported Deaths: 2357
CountyConfirmedDeaths
Jefferson19572348
Mobile13320292
Montgomery8811183
Tuscaloosa8586117
Madison782078
Shelby592349
Lee588759
Baldwin545650
Marshall393343
Calhoun349942
Etowah343945
Morgan327328
Houston280221
Elmore265947
DeKalb240620
St. Clair230835
Walker230683
Talladega214628
Limestone208820
Cullman189020
Dallas178326
Franklin176729
Autauga175725
Russell17573
Lauderdale169833
Colbert164126
Blount160815
Escambia160324
Chilton156431
Jackson156011
Covington138527
Dale135844
Coffee13206
Pike119410
Chambers116142
Tallapoosa115685
Clarke108916
Marion95729
Butler91639
Barbour8737
Winston73812
Marengo71620
Pickens65614
Lowndes65327
Bibb65210
Randolph64213
Hale63428
Lawrence61623
Geneva6074
Cherokee60313
Bullock59914
Monroe5848
Clay5797
Washington55613
Perry5416
Crenshaw53632
Conecuh53511
Wilcox53111
Henry4935
Macon48119
Fayette4508
Sumter43519
Lamar3662
Cleburne3646
Choctaw34912
Greene30315
Coosa1683
Out of AL00
Unassigned00

Tennessee Coronavirus Cases

Confirmed Cases: 189454

Reported Deaths: 2352
CountyConfirmedDeaths
Shelby30613455
Davidson26381303
Hamilton937494
Knox929875
Rutherford924089
Williamson519836
Sumner479497
Wilson345344
Putnam327740
Montgomery304544
Unassigned29474
Bradley291417
Out of TN284426
Madison283264
Sevier259615
Blount250424
Maury232923
Washington227635
Robertson220335
Sullivan214833
Hamblen189926
Tipton180519
Trousdale16537
Gibson163622
Hardeman155826
Wayne14955
Dyer135014
Bedford132817
Dickson125015
Coffee121013
Cumberland119218
Fayette118319
Weakley117619
Henderson116924
Anderson116513
Carter115828
Obion115610
Loudon11546
Greene114244
McMinn111325
Jefferson111014
Warren10477
Macon104620
Monroe103018
Lawrence102312
Hardin102216
Lauderdale97916
Haywood96819
Franklin9639
Lake9182
Roane8854
McNairy87618
Carroll87420
Bledsoe8544
White8309
Rhea82112
Cheatham80510
Hawkins79618
Marshall7495
Cocke7439
Overton7355
Smith71311
Johnson6962
Chester62310
Henry6189
Lincoln6111
Giles59117
Hickman5738
DeKalb56114
Crockett53619
Marion5258
Decatur5127
Fentress4933
Claiborne4415
Campbell4394
Polk38810
Grainger3723
Union3531
Benton3369
Jackson3245
Morgan3153
Unicoi2851
Cannon2830
Grundy2835
Humphreys2463
Sequatchie2312
Meigs2263
Clay2245
Houston2143
Scott2132
Stewart1982
Lewis1961
Moore1691
Van Buren1640
Perry1500
Pickett1142
Hancock1063

Community Events