It looks like this week is shaping up to be just as good as last week for Donald Trump. Last week, for the first time in a very long time, he wasn’t the loudest, most obnoxious windbag in the room. This week, we’re learning that a judge has dismissed one of Stormy Daniels’ (or “Horseface” as he calls her) lawsuits that she filed against her one-time hookup.
In March, Stormy and her lawyer Michael Avenatti filed a lawsuit against Trump, claiming that the NDA she says she was forced to sign by Trump’s lawyer Michael Cohen was null and void, because Trump forgot to sign it. A month later, Stormy claimed that someone (cough Trump cough) had summoned a goon in 2011 to scare her into not talking about her affair with Trump in 2006. Trump responded by implying Stormy was a liar on Twitter. Stormy responded to that by filing another lawsuit against Trump, this time for defamation. Stormy’s lawsuit argued that the language Trump used was his way of calling her a liar, which in turn was an assault on her character. She also claimed that because of Trump’s tweet, she was receiving death threats.
CNN is now reporting that Stormy’s defamation lawsuit has been thrown out by U.S. District Judge S. James Otero. Judge Otero writes that the court agrees with Trump’s tweet, because it constitutes “rhetorical hyperbole” normally associated with politics, and that the First Amendment protects such rhetoric. Trump’s exact wording after Stormy released a sketch of the man who allegedly threatened her, was that the man was “nonexistent” and the situation was a “con job.”
Additionally, Stormy will also be required to pay for Trump’s legal fees regarding this lawsuit.
Trump’s current lawyer Charles Harder spoke to The Washington Post about the judge’s decision, and obviously Trump is doing a little happy dance today.
“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.”
Michael Avenatti isn’t having any of it. He released a statement calling BS on that whole “total victory” claim, he’s filed an appeal, and he sort of side-eyes the Judge’s decision to make Stormy responsible for the lawyer fees.
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
Stormy’s NDA lawsuit is still active.
I’ve never heard the argument that it’s not defamation if it’s politics. But if Judge Otero says so, then I guess it is. And according to Judge Otero, if the court was to prevent Trump from engaging in such a way, it would “hamper” the office of the President. Well, he’s not wrong; if you one day told Trump he’s not allowed to hiss at his enemies on Twitter, what else is he going to do as President? Work on behalf of the people? Show up to meetings and not make an ass out of himself? I’m pretty sure “Be a mess on Twitter” is the only thing written on his job description.