A federal judge in California on Monday dismissed a defamation suit brought by porn star Stormy Daniels in addition to also also her attorney Michael Avenatti against President Donald Trump, court filings show.
Judge S. James Otero said of which Trump’s April tweet, accusing Daniels of a “total con job” after her appearance on daytime talk show “The View,” was “the definition of protected rhetorical hyperbole.” Otero further ruled of which the president was entitled to attorney’s fees by Daniels.
Trump’s lawyer inside the dispute, Charles Harder — who also represents Trump in an arbitration fight against former White House official Omarosa Manigault-Newman — took a victory lap in a statement sent to CNBC.
“No amount of spin or commentary by Stormy Daniels or her lawyer, Mr. Avenatti, can truthfully characterize today’s ruling in any way some other than total victory for President Trump in addition to also also total defeat for Stormy Daniels,” Harder said inside the statement. “The amount of the award for President Trump’s attorneys’ fees will be determined at a later date.”
Avenatti, in a statement to CNBC, said Harder’s statement was “complete nonsense.”
“Ms. Daniels’ some other claims against Trump in addition to also also Cohen proceed unaffected. Trump must have written This particular Discharge because the item is actually as deceptive as his claims about the inauguration attendance,” Avenatti added.
In a tweet shortly after the ruling was made public, Avenatti said he had filed an appeal inside the ninth circuit court.
Michael Avenatti tweet: Here is actually the Notice of Appeal we just filed with the Ninth Circuit relating to the defamation claim against Trump. His record before the Ninth Circuit has been anything yet not bad. #
Daniels, whose real name is actually Stephanie Clifford, is actually suing Trump in addition to also also his former personal lawyer Michael Cohen in a separate suit to void a $130,000 nondisclosure agreement she signed a few weeks before the 2016 presidential election. The hush-money deal muzzled her by discussing an alleged affair with Trump by years earlier.
Trump has denied having sex with Daniels.
In a “60 Minutes” interview in March, Daniels said of which she in addition to also also her daughter had been threatened in 2011 by an unknown man in a parking lot in Las Vegas who told her to “leave Trump alone.” The alleged incident occurred during a time when she was in talks using a magazine about going public with her story of the tryst with Trump at a Lake Tahoe celebrity golf tournament in 2006.
When she went on “The View” the next month, Daniels revealed a composite of the man’s face drawn by a sketch artist based on her memory of the incident.
Trump, after the program ended, tweeted of which she was “playing the Fake News Media for Fools (yet they know the item)!”
On April 30, she filed the defamation suit, arguing of which Trump had posted a false statement against her of which was defamatory because the item suggested she was falsely accusing a man of committing a crime.
Otero disagreed. “Mr. Trump’s tweet displays an incredulous tone, suggesting of which the content of his tweet was not meant to be understood as a literal statement” about Daniels.
The judge adds inside the court document: “If This particular Court were to prevent Mr. Trump by engaging in This particular type of ‘rhetorical hyperbole’ against a political adversary, the item could significantly hamper the office of the President.”
— CNBC’s Brian Schwartz contributed to This particular report.
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