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Judge dismisses Stormy Daniels' defamation lawsuit

A federal judge has dismissed adult film star Stormy Daniels' defamation lawsuit against President Donald Trump.

Posted: Oct 16, 2018 2:37 PM
Updated: Oct 16, 2018 2:56 PM

A federal judge has dismissed adult film star Stormy Daniels' defamation lawsuit against President Donald Trump.

Daniels sued Trump after he said in a tweet that her story of a man threatening her not to come forward with her story of her alleged affair with Trump was "a total con job."

Daniels argued Trump's tweet, posted April 18, "attacks the veracity of her account" of the incident and that Trump's statement was "false and defamatory, and that the tweet was defamation ... because it charged her with committing a serious crime," District Judge S. James Otero wrote in his opinion Monday.

Trump had asked Otero to dismiss the lawsuit.

"The Court agrees with Mr. Trump's argument because the tweet in question constitutes 'rhetorical hyperbole' normally associated with politics and public discourse in the United States. The First Amendment protects this type of rhetorical statement," Otero wrote.

Daniels, whose real name is Stephanie Clifford, says she and Trump had an affair in 2006, after he married first lady Melania Trump and she gave birth to their son, Barron. Trump has denied having an affair with Daniels.

Daniels is also suing Trump and his former personal attorney Michael Cohen over the $130,000 payment made to her to keep silent about the alleged affair in the weeks leading up to the 2016 election. The ruling on Monday plays no role in that case, which continues to work its way through the court system.

In addition to dismissing the lawsuit, Otero ruled Trump is entitled to attorney's fees.

Trump's attorney Charles J. Harder said in a statement to CNN, "No amount of spin or commentary by Stormy Daniels or her lawyer, Mr. Avenatti, can truthfully characterize today's ruling in any way other than total victory for President Trump and total defeat for Stormy Daniels."

"The amount of the award for President Trump's attorneys' fees will be determined at a later date," Harder added.

Daniels' attorney, Michael Avenatti, responded to the ruling on Twitter and said: "Daniels' other claims against Trump and Cohen proceed unaffected. Trump's contrary claims are as deceptive as his claims about the inauguration attendance."

Avenatti filed a notice of appeal Monday evening in Daniels' defamation case against Trump.

Minnesota Coronavirus Cases

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Reported Deaths: 6013
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Hennepin931011480
Ramsey40016739
Dakota33072340
Anoka30999364
Washington20164228
Stearns17871187
St. Louis13690241
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Wright11614104
Olmsted1048475
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Carver694836
Clay653280
Rice606868
Kandiyohi554371
Blue Earth541033
Crow Wing482774
Otter Tail457167
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Winona389646
Douglas374166
Nobles370846
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Goodhue347958
Polk328658
McLeod325345
Morrison311744
Beltrami310347
Lyon302236
Becker284939
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Isanti282841
Carlton280043
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Todd231730
Nicollet224636
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Le Sueur210015
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Rock110212
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Wilkin6259
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Cook1140

Iowa Coronavirus Cases

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Cases: 305606

Reported Deaths: 4278
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Polk45754449
Linn17795275
Scott15444163
Black Hawk13773236
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Johnson1211749
Dubuque11387150
Pottawattamie8992112
Dallas888671
Story869434
Webster469771
Cerro Gordo466768
Sioux455157
Clinton450361
Warren443938
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Des Moines381841
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Jasper321959
Lee317130
Marion304952
Jones271349
Henry264330
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Boone218417
Washington217632
Benton209444
Mahaska193136
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Tama187757
Dickinson186026
Delaware173736
Kossuth173644
Clay168820
Wright164824
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Butler148224
Page144715
Floyd139636
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Lyon135332
Poweshiek132724
Hancock130224
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