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Photo Illustration by Sarah Rogers/The Daily Beast
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Porn star Stormy Daniels and her Lawyer Michael
Avenatti |
VietPress USA (Dec. 11, 2018):
A federal judge dismissed porn actress Stormy Daniels’s defamation lawsuitagainst President Donald Trump on Monday.
Judge James Otero, a George W. Bush appointee, dismissed the suit in a ruling filed in the US District Court in Los Angeles, determining that the President did not defame Daniels in a tweet in which he suggested she made up a claim that someone had threatened her in 2011. Otero stated Trump's tweet constituted “rhetorical hyperbole” protected under the First Amendment and “normally associated with politics and public discourse in the United States.”
Porn star Stormy
Daniels, whose real name is Stephanie
Clifford, claims that she had sexual affair with Donald Trump nearly a year
round in 2006. Days before Election Day in 2016, Trump's longtime personal
lawyer Michael Cohen at that time paid her US$130,000 as hush money and signed with her an
agreement to prevent her from discussing the alleged affair.
Despite
the deal to stay quiet, Daniels spoke out publicly and alleged that five years
after the affair she was threatened to keep quiet by a man she did not
recognize in a Las Vegas parking lot. She also released a composite sketch of
the mystery man.
Daniels also has
alleged that her former lawyer, Keith Davidson, colluded with Cohen to have her
publicly deny the affair with Trump.
Cohen has pleaded
guilty to several felonies and admitted funneling money to Daniels to keep her
quiet about the affair. Trump has denied the affair, but essentially
acknowledged the payment to Daniels.
She sued Trump for defamation after he responded to her
allegation by tweeting: "A sketch years later about a nonexistent man. A
total con job, playing the Fake News Media for Fools (but they know it)!"
She sued him for
defamation after he dismissed her claims of being threatened to keep quiet
about the tryst as a "total con job." The judge threw out the case in
October.
Otero
ruled in October that Trump's statement was "rhetorical hyperbole"
against a political adversary and was protected speech under the First
Amendment.
After
her defamation suit against him was dismissed, a federal judge in Los Angeles
ordered Tuesday that porn star Stormy Daniels has to pay President Donald
Trump nearly $293,000 for his attorneys' fees and another $1,000 in sanctions.
But Daniels'
attorney, Michael Avenatti, tweeted Tuesday's order "will never hold up on
appeal." In a statement he predicted Daniels "will never have to
pay a dime" because she will receive far more — $1 million — from Trump
for attorneys' fees and other costs related to a separate lawsuit Daniels
brought in Los Angeles over the non-disclosure agreement.
Read this news from AP on Yahoo News at:
https://news.yahoo.com/california-judge-orders-porn-star-pay-trump-legal-215454082.html?.tsrc=notification-brknews
VietPress USA News
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LOS ANGELES (AP) — Porn star Stormy Daniels must pay President Donald Trump nearly $293,000 for his attorneys' fees and another $1,000 in sanctions after her defamation suit against him was dismissed, a federal judge in Los Angeles ordered Tuesday.
Trump's attorney, Charles Harder, had requested nearly $390,000 in fees and equal amount in sanctions as a deterrent against a "repeat filer of frivolous defamation cases."
Judge S. James Otero cut the requested legal fees by 25 percent and awarded just $1,000 in sanctions.
Otero previously noted that fees by Harder's firm — as high as $840 an hour — were reasonable but the 580 hours spent on the case appeared excessive.
Daniels alleges she had an affair with Trump in 2006 and was paid $130,000 as part of a nondisclosure agreement days before the 2016 presidential election. She sued him for defamation after he dismissed her claims of being threatened to keep quiet about the tryst as a "total con job." The judge threw out the case in October.
Daniels' attorney, Michael Avenatti, tweeted Tuesday's order "will never hold up on appeal."
In a statement he predicted Daniels "will never have to pay a dime" because she will receive far more — $1 million — from Trump for attorneys' fees and other costs related to a separate lawsuit Daniels brought in Los Angeles over the non-disclosure agreement.
Daniels, whose real name is Stephanie Clifford, is challenging the agreement she signed with Trump's then-lawyer Michael Cohen to prevent her from discussing the alleged affair. The agreement was signed days before the 2016 election as part of a $130,000 hush-money settlement.
Daniels also has alleged that her former lawyer, Keith Davidson, colluded with Cohen to have her publicly deny the affair with Trump.
Cohen has pleaded guilty to several felonies and admitted funneling money to Daniels to keep her quiet about the affair. Trump has denied the affair, but essentially acknowledged the payment to Daniels.
Despite the deal to stay quiet, Daniels spoke out publicly and alleged that five years after the affair she was threatened to keep quiet by a man she did not recognize in a Las Vegas parking lot. She also released a composite sketch of the mystery man.
She sued Trump for defamation after he responded to her allegation by tweeting: "A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!"
Otero ruled in October that Trump's statement was "rhetorical hyperbole" against a political adversary and was protected speech under the First Amendment.
Trump's lead attorney previously said the fees and unspecified monetary sanctions were earned because of the extraordinary nature of the defamation case and because of Avenatti's gamesmanship.
"This action is virtually unprecedented in American legal history," Harder wrote in court papers. Daniels "not only brought a meritless claim for defamation against the sitting president of the United States, but she also has engaged, along with her attorney, in massive national publicity."
The Cohen and Davidson lawsuit in Los Angeles County Superior Court is on hold until May.
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Follow Weber at https://twitter.com/WeberCM
___
Associated Press reporter Brian Melley in Los Angeles contributed to this report.
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