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A federal judge appears ready to toss out Stormy Daniels' defamation lawsuit against Trump

Sep 25, 2018, 14:41 IST

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Stormy Daniels.Drew Angerer/Getty Images

  • Porn star Stormy Daniels sued Donald Trump for defamation earlier this year.
  • It came after she described being threatened with physical violence in Las Vegas in 2011, weeks after she agreed to tell the media about her alleged affair with Trump.
  • In response, Trump implied in a tweet that she was "a total con job, playing the Fake News Media for Fools."
  • She said this tweet portrayed her as a liar.
  • Trump's attorney had called for the lawsuit to be thrown out because Trump was entitled to free speech.
  • A federal judge in Los Angeles appeared to agree in a Monday hearing. 

A federal judge appears ready to dismiss porn star Stormy Daniels' defamation lawsuit against Donald Trump.

Daniels, whose real name is Stephanie Clifford, sued the president in federal court in April over his tweet portraying her as a liar.

Earlier this year Daniels described being threatened with physical violence in a Las Vegas parking lot in 2011, weeks after she agreed to tell a publication about her alleged affair with Trump, and released a sketch of the man who she said threatened her.

Trump tweeted in response that the man was "nonexistent" and implied that Daniels was running "a total con job, playing the Fake News Media for Fools."

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Daniels' attorneys said the tweet portrayed her as a liar. Trump's attorneys asked the court to dismiss the lawsuit, arguing that the "suit is designed to chill the President's free speech rights on matter of public opinion."

It appears that the judge might come down on Trump's side.

During a hearing in Los Angeles on Monday, Judge S. James Otero said according to Reuters: 

"The question is whether the tweet by the president is protected communication or political hyperbole and non-defamatory on its face.

"He's a public official, he's president of the United States, so it doesn't get much higher than that.

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"It's free speech by a public official on a matter of public concern."

Donald Trump.Spencer Platt/Getty Images

Otero did not say when he would rule on the case. Daniels' lawyer, Michael Avenatti, said he expected Otero to make a ruling within days and that he would appeal of the case was thrown out.

Daniels is also suing to be released from a non-disclosure agreement that prohibits her from talking about her affair with Trump, which she alleges took place in 2006.

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