Share
News

As Nation Focuses on Kavanaugh, Stormy Suit Is Being Shredded by Judge

Share

A judge on Monday appeared to be leaning toward throwing out a defamation case brought by Stormy Daniels, the porn star whose real name is Stephanie Clifford, against President Donald Trump.

Clifford had previously come forward with allegations that a man had threatened her to keep quiet about an alleged affair she had with Trump.

She then released a composite sketch of the man who she claimed made the threats.

However, in April, Trump tweeted that Clifford’s claim and composite sketch was a “con job.” He went on to say that the man was “non-existent” and that she was playing the “fake news media for fools.”

Trending:
The Results of a Critical Election Recount Were Just Announced

It was that tweet that prompted the defamation lawsuit.

However, Judge S. James Otero in U.S. District Court said that Trump was using “rhetorical hyperbole,” and his speech was protected under the First Amendment, according to Newsmax.

“To allow the complaint to go forward and to have one consider this to be defamatory in the context it was made would have a chilling effect,” Otero said, as reported by the Los Angeles Times. “This is the type of political discourse and commentary that takes place in elections all the time, and I’m troubled that there’s a claim here for defamation.”

Michael Avenatti, Daniel’s attorney, disputed Otero’s decision.

Do you think this lawsuit should be thrown out?

“This was not political by any stretch of the imagination,” Avenatti said.

Otero said he would rule on the case soon, but Trump’s speech appeared to be opinion that would be protected under the First Amendment.

Attorney Ken White, who often blogs about the case, said it is similar to one that was thrown out in New York. That case involved a woman who said the president ruined her reputation when he took to Twitter to say she “begged” him for a job.

“The court basically said, ‘It’s Trump, it’s Twitter, he’s known for throwing around insults and this can’t be understood as anything other than exaggerated rhetoric,” White said.

Avenatti, however, made it clear that he would appeal if the case were dismissed.

Related:
Trump Issues Fiery Statement After Feds Drops Long-Running Case Against Him: 'Law and Justice in Our Country at Its Lowest!'

“I witnessed something here today that I never thought I’d witness. That is: Donald Trump having a lawyer stand up in a federal court and espouse on his behalf the virtues and how important the First Amendment is in America,” Avenatti said.

“This is the same Donald Trump that has crapped all over the First Amendment and the news media for years,” he added.

Truth and Accuracy

Submit a Correction →



We are committed to truth and accuracy in all of our journalism. Read our editorial standards.

Tags:
, , , ,
Share
Steven is a former writer for The Western Journal and has written hundreds of stories for both Western Journal and Conservative Tribune. He is a follower of Jesus, husband to an amazing wife and father to two beautiful girls.
Steven is a former writer for the Western Journal and has written dozens of stories for both Western Journal and Conservative Tribune. Steven is a native of Louisiana but has transferred to a remote desert land often referred to as Arizona. He has a beautiful wife and two amazing daughters. You can often find him hiking the Arizona landscape or serving on the worship team at his church.
Birthplace
Shreveport, LA
Education
B.S. Church Ministries with a specialization in Church Planting and Revitalization
Location
Phoenix, AZ
Languages Spoken
English
Topics of Expertise
Politics, Culture, Faith




Conversation

The Western Journal is pleased to bring back comments to our articles! Due to threatened de-monetization by Big Tech, we had temporarily removed comments, but we have now implemented a solution to bring back the conversation that Big Tech doesn't want you to have. If you have any problems using the new commenting platform, please contact customer support at commenting-help@insticator.com. Welcome back!