Donald Trump Beats Stormy Daniels Defamation Lawsuit
TEXAS – October 16, 2018
A judge has said he sees Trump’s tweet about a “con job” as “rhetorical hyperbole” and ordered the porn queen to pay the president’s attorney’s fees.
U.S. District Court Judge S. James Otero has concluded that Daniels failed to establish a prima facie case for defamation. Additionally, Ms. Daniels is now required to pay President Trump’s attorney fees.
“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,” states the opinion. “The First Amendment protects this type of rhetorical statement.”
You can read the judge’s decision HERE:
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,” states the opinion. “The First Amendment protects this type of rhetorical statement.”
The judge continues by defining “rhetorical hyperbole” as “extravagant exaggeration employed for rhetorical effect” and characterizes Trump’s tweet as displaying “an incredulous tone, suggesting that the content of his tweet was not meant to be understood as a literal statement about Plaintiff. Instead, Mr. Trump sought to use language to challenge Plaintiff’s account of her affair and the threat that she purportedly received in 2011. As the United States Supreme Court has held, a published statement that is ‘pointed, exaggerated, and heavily laden with emotional rhetoric and moral outrage’ cannot constitute a defamatory statement.”
Otero adds that Trump made a “one-off rhetorical comment, not a sustained attack on the veracity of Plaintiff’s claims” and that this distinguishes this suit from other cases where courts have seen enough to deem defamation from a public statement. The judge adds that Daniels’ assumption that Trump knew of the 2011 threat doesn’t establish facts adding up that he did, in fact, know about the threat. The judge ends up agreeing with Trump that Daniels hasn’t shown actual malice nor adequately pled damages.
Daniels won’t get the opportunity to amend her complaint to cure deficiencies, and what’s more under Texas’ anti-SLAPP statute, she now has to pay Trump’s legal costs — perhaps a rubbing of salt in the wound to those who contributed to Daniels’ legal defense fund. However, she does have a right to pursue an appeal.
Do you remember how many outraged cries and accusations against Trump there were from the mainstream media? Do you remember how angry “democratic society” was, and how firmly and uncompromisingly it fought for morality and the disgraced honor of an aging porn star? Time has put everything in its place. But who cares now? Stormy Daniels’ main role was to start a scandal and cast a shadow on the president. She achieved with this task. Now she can leave, making room for new actors in the comedy of the absurd called “Let’s overthrow Trump.” Okay, we’ll be waiting for the next developments.