Federal District Judge S. James Otero in Los Angeles dismissed porn actress Stormy Daniels’ defamation suit against President Donald Trump and ordered her to pay the president’s legal fees, multiple outlets including The Washington Post reported on Monday.
“No amount of spin or commentary by Stormy Daniels or her lawyer, Mr. [Michael] Avenatti, can truthfully characterize today’s ruling in any way other than total victory for President Trump and total defeat for Stormy Daniels,” Trump’s attorney, Charles Harder, said in an emailed statement to The Post.
Stormy Daniels — real name Stephanie Clifford — lodged the suit on April 30.
It was based on a claim that Trump had defamed her by casting her as a liar regarding her allegations of having been threatened to keep her relationship with him a secret.
The presidential tweet on which Daniels based her suit was a response to another tweet — in which Daniels’ drawing of the person she alleged threatened her in a parking lot was placed alongside a photograph of Daniels and her husband.
Trump’s response to the side-by-side drawing and photo was, “A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!”
A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)! https://t.co/9Is7mHBFda
— Donald J. Trump (@realDonaldTrump) April 18, 2018
The court held that the president’s tweet was “’rhetorical hyperbole’ and is protected by the First Amendment,” according to the “Civil Minutes General” of the suit provided by CNN.
The court added that it found “Mr. Trump had issued the tweet as a rejoinder against an individual challenging him in the public arena. This is the definition of protected rhetorical hyperbole.”
Daniels’ lawyer, Michael Avenatti — who recently represented a woman who claimed Justice Brett Kavanaugh had taken part in a series of gang rape parties while he was a teenager — took to Twitter to express his feelings about the ruling.
Avenatti called the ruling “limited,” assured his followers that Daniels’ other Trump-related claims would proceed unaffected, and promised to appeal today’s dismissal.
The 2020 presidential hopeful added that he was “confident in a reversal.”
https://twitter.com/MichaelAvenatti/status/1051968238366547969
Lest his followers doubt his mettle, Avenatti posted a notice of appeal to the U.S. Court of Appeals for the 9th Circuit to Twitter on Monday evening, adding that Trump’s “record before the 9th Circuit has been anything but good.”
Here is 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 but good. #Basta pic.twitter.com/SK8QdycoUW
— Michael Avenatti (@MichaelAvenatti) October 16, 2018
Avenatti appears unconcerned over how the award of attorney’s fees might impact his client.
He did, however, mention his certainty that if his client wins in appeal, those fees will “be dwarfed by the fees [Trump] and [Trump’s attorney Michael] Cohen will be required to pay.”
Be clear – even assuming Trump is owed attys fees from the defamation case (if he wins the appeal), they will be dwarfed by the fees he and Cohen will be required to pay in connection with the NDA case. Not even close. Yet more “winning” from Trump.
— Michael Avenatti (@MichaelAvenatti) October 16, 2018
Hope springs eternal.
Related: Stormy Daniels Gets Key to the City for Her ‘Leadership’ Against Trump
Response to the ruling on social media was swift and merciless — with one person even posting, “If you listen closely, you can hear Don Lemon crying in the background.”
Here’s other reaction.
Avenatti is a good lawyer the same way Warren is a Native American. https://t.co/WayKG2Nwf5
— Ben Shapiro (@benshapiro) October 15, 2018
BASTA! Now is @MichaelAvenatti going to pay the attorye fees for the failed lawsuit himself, since he got her into this mess, or leave his client holding the bag? https://t.co/CxkreMTytr
— Harmeet K. Dhillon (@pnjaban) October 15, 2018
Michael Avenatti is having a strong month. First he helped put Brett Kavanaugh on the Supreme Court. Now, he’s put Stormy Daniels into debt. Boy I hope he becomes the Democratic nominee for President. With that kind of track record, he’ll make Hillary look good. https://t.co/cgdAF74xbi
— Ari Fleischer (@AriFleischer) October 15, 2018
Only a matter of minutes before the anchors at CNN start a GoFundMe for Stormy Daniels.
— Tomi Lahren (@TomiLahren) October 15, 2018
And check out this video:
Michele Blood is a Flemington, New Jersey-based freelance writer and a regular contributor to LifeZette.
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