Stormy Daniels was not able to successfully Donald Trump for defamation, as a federal judge recently ruled that Trump’s tweet about her is a First Amendment right, reports NBC News.
Trump’s tweet said that the story Stormy Daniels was telling about her encounter with him was “a total con job, playing the Fake News Media for Fools (but they know it)!” Daniels came forward to say that she had a sexual encounter with Trump in 2006 and was later threatened to keep quiet about it after she gave an interview about the president.
Daniels and her attorney, Michael Avenatti, who has been known to appear in headlines himself, filed suit against Trump for defamation. After several weeks of court hearings, the case was dismissed Monday.
In the official ruling, Judge James Otero said that Trump’s tweet “constitutes ‘rhetorical hyperbole’ normally associated with politics and public discourse in the United States.” Otero added that the First Amendment “protects this type of rhetorical statement.”
Michael Avenatti has stated that Daniels will appeal this ruling and that her other claims against Trump “proceed unaffected.” The tweet was later deleted.
In a separate suit, Daniels filed to invalidate a non-disclosure agreement she signed in exchange for $130,000. According to the terms of the agreement, Daniels was not allowed to speak about her alleged sexual encounter with Trump.
In response, attorneys for Trump have said they don’t intend to enforce the NDA signed by Daniels. Trump has denied that he had any relations with Daniels in the past. Avenatti has stated that he wants to move forward with the suit despite the statement from Trump’s legal team.
CNN reported that Trump attorney Charles J. Harder made a statement following the ruling.
“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 [a] total victory for President Trump and total defeat for Stormy Daniels,” said Harder.
Stormy Daniels, also known as Stormy Waters and by her real name of Stephanie Clifford, has made her name in the adult film industry as a performer and director. She recently released a “tell-all” book, Full Disclosure, detailing her experiences with Trump.
Lawyer Michael Avenatti has been publicly critical of Donald Trump and has mentioned that he may run his own presidential campaign against Trump in 2020. Avenatti also represented Julie Swetnick, one of the women who spoke out against Brett Kavanaugh and accused the Supreme Court Justice of past sexual misconduct.