U.S. judge suggests he may dismiss Stormy
Daniels lawsuit against Trump
Send a link to a friend
[September 25, 2018]
By Alex Dobuzinskis
LOS ANGELES (Reuters) - President Donald
Trump likely had a free-speech right to make a Twitter comment disputing
allegations by adult film actress Stormy Daniels, a federal judge said
on Monday, indicating he was inclined to dismiss her defamation lawsuit
against Trump.
Daniels, whose real name is Stephanie Clifford and who has said she had
a sexual encounter with Trump in 2006, sued the president for defamation
in April in federal court over the tweet.
The lawsuit centers on Daniels' assertion that a man approached her in
2011 in a Las Vegas parking lot and made a veiled threat after she
agreed to talk about her alleged encounter with Trump to In Touch
magazine.
Soon after Daniels released a sketch of the man she said threatened her,
Trump, who has denied having an affair with Daniels, disputed her
account on Twitter, saying: "A sketch years later about a nonexistent
man. A total con job, playing the Fake News Media for Fools (but they
know it)!"
Daniels' attorneys said the tweet portrayed her as a liar, but attorneys
for Trump asked a federal judge in Los Angeles to dismiss the defamation
lawsuit.
"The question is whether the tweet by the president is protected
communication or political hyperbole and non-defamatory on its face,"
U.S. District Judge James Otero said at a hearing on Monday.
Otero cited certain protections from defamation Trump would have under
the U.S. Constitution's guarantee of free-speech rights.
[to top of second column]
|
Stormy Daniels, the porn star currently in legal battles with U.S.
President Donald Trump, speaks during a ceremony in her honor in
West Hollywood, California, U.S., May 23, 2018. REUTERS/Mike
Blake/File Photo
"He's a public official, he's president of the United States, so it
doesn't get much higher than that," Otero said. "It's free speech by
a public official on a matter of public concern."
Otero stopped short of issuing a formal ruling on the request to
dismiss the lawsuit.
Michael Avenatti, an attorney for Daniels, told reporters outside
court he expected Otero to make a ruling within days, and that he
would appeal if the case were dismissed.
The lawsuit was originally filed in New York but was transferred to
Otero's court in Los Angeles because he is holding hearings on
another lawsuit involving Daniels.
Last month, Trump's longtime personal lawyer Michael Cohen pleaded
guilty to violating federal election law by paying Daniels $130,000
not to disclose information harmful to Trump.
The White House, after the plea, denied any wrongdoing by Trump.
(Reporting by Alex Dobuzinskis; Editing by Peter Cooney)
[© 2018 Thomson Reuters. All rights
reserved.]
Copyright 2018 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
Thompson Reuters is solely responsible for this content.
|