Published: Tue, October 16, 2018
Global News | By Blake Casey

Judge tosses Stormy Daniels' defamation suit against Trump

Judge tosses Stormy Daniels' defamation suit against Trump

Daniels' lawyer, Michael Avenatti, has pledged to appeal and notes that "other claims against Trump and Cohen proceed unaffected".

Ms Daniels' lawyer Michael Avenatti raised a national profile from his public battle with Trump and is even considering a 2020 presidential bid.

She also pointed out that if she had gone to the police a public record would have been produced and she likely would have had to explain that she had a previous alleged sexual encounter with Trump, which is why the threat took place.

Mr Trump has denied any relationship with the actress.

"Mr. Trump used his national and worldwide audience of millions of people to make a false factual statement to denigrate and attack Ms. Clifford", the federal court complaint said at the time.

"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.

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.

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He added: "No amount of spin or commentary by Stormy Daniels or her lawyer, Mr Avenatti, can truthfully characterise today's ruling in any way other than total victory for President Trump and total defeat of Stormy Daniels".

Federal District Judge S. James Otero in Los Angeles had indicated during a late September hearing that he was skeptical of Daniels's claim on First Amendment grounds. 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. "The First Amendment protects this type of rhetorical statement", Otero wrote.

A defamation lawsuit filed by adult film actor Stormy Daniels against Donald Trump has been dismissed by a federal court, with the judge saying the tweet at the heart of the case was protected by free speech laws.

"Trump's contrary claims are as deceptive as his claims about the inauguration attendance", Avenatti tweeted Monday night. Cohen had threatened to sue her for $20 million.

Daniels argued in the lawsuit that Trump had defamed her by accusing of fabricating the alleged crime and demanded $75,000 as compensation.

Donald Trump has defeated the defamation suit brought against him by Stormy Daniels. But now, Daniels, an adult film actress and director, says people think she's "in charge of saving the world", and it's become an "emotionally overwhelming" duty.

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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