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Stormy Daniels sues Donald Trump for defamation over 'con job' tweet


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Stormy Daniels sues Donald Trump for defamation over 'con job' tweet

By Jonathan Stempel

 

2018-04-30T181031Z_1_LYNXMPEE3T149_RTROPTP_4_USA-TRUMP-RUSSIA-COHEN.JPG

FILE PHOTO: Adult film actress Stephanie Clifford, also known as Stormy Daniels, speaks to media along with lawyer Michael Avenatti (R) outside federal court in the Manhattan borough of New York City, New York, U.S., April 16, 2018. REUTERS/Brendan Mcdermid

 

NEW YORK (Reuters) - Adult film actress Stormy Daniels on Monday sued U.S. President Donald Trump for defamation, saying he lied by tweeting that her claim of being threatened if she discussed an alleged sexual encounter with him was a "total con job."

 

The lawsuit in federal court in Manhattan escalates Daniels' litigation with Trump and his personal lawyer, Michael Cohen, who paid her $130,000 before the 2016 U.S. presidential election not to talk about the alleged sexual encounter a decade earlier.

 

Neither Trump's lawyers nor the White House immediately responded to requests for comment. Cohen was not named as a defendant in the lawsuit, which seeks compensatory and punitive damages, but faces a separate defamation lawsuit by Daniels.

 

Trump used Twitter on April 18 to complain about a composite sketch that Daniels' lawyer Michael Avenatti had released the previous day.

 

That sketch depicted a man Daniels said assailed her in a Las Vegas parking lot soon after she had agreed in May 2011 to work with In Touch magazine on a story about her relationship with Trump.

 

"A sketch years later about a nonexistent man," Trump wrote. "A total con job, playing the Fake News Media for Fools (but they know it)!"

 

In her complaint, Daniels said the assailant had urged her to "leave Trump alone" and "forget the story," and after looking at her infant daughter said: "That's a beautiful little girl. It'd be a shame if something happened to her mom."

 

Daniels said the president knew his tweet was false or made it with reckless disregard for its truth, and falsely accused her of making up the assailant.

 

"By calling the incident a 'con job' Mr. Trump's statement would be understood to state that Ms. Clifford was fabricating the crime and the existence of the assailant, both of which are prohibited under New York law," Daniels said in her complaint.

 

Trump presently has 51.4 million Twitter followers.

 

NOT TRUMP'S FIRST DEFAMATION CASE

A Los Angeles judge on Friday put Daniels' lawsuit there against Cohen and Trump to end her non-disclosure agreement on hold for 90 days.

 

The judge cited the reasonably high likelihood that letting the case continue might threaten Cohen's constitutional right against self-incrimination.

 

Cohen faces a criminal probe into his business affairs by federal prosecutors in Manhattan, including over the $130,000 payment, which he has called legal.

 

The Los Angeles case also includes Daniels' claim that Cohen defamed her in a Feb. 13 statement by implying she had lied about her relationship with Trump.

 

"Just because something isn't true doesn't mean that it can't cause you harm or damage. I will always protect Mr. Trump," Cohen had said.

 

Daniels sued Trump as an individual, not in his capacity as president, which could pose problems for any defence.

 

"He'll have to litigate unless he can get a court to agree he has a privilege not to while he's president," said Stephen Burbank, a University of Pennsylvania law professor.

 

Burbank co-wrote an earlier brief arguing that then-President Bill Clinton was not immune in federal court from private civil lawsuits during his presidency for unofficial acts. The Supreme Court adopted that view in 1997.

 

Daniels' defamation case is also not the president's first.

 

Trump is appealing a March 20 decision by a New York state judge in Manhattan that allowed Summer Zervos, a contestant on his former TV show "The Apprentice," to pursue her own defamation case.

 

Zervos had accused Trump of kissing her against her will and groping her at a meeting about a possible job, and that he defamed her by calling such allegations lies.

 

Trump has argued that he was immune from that lawsuit.

 

Daniels has offered a $100,000 reward for information about the man in the sketch.

 

The case is Clifford v Trump, U.S. District Court, Southern District of New York, No. 18-03842.

 

(Reporting by Jonathan Stempel in New York; Additional reporting by Karen Freifeld; editing by G Crosse, Noeleen Walder, and Jonathan Oatis)

 
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-- © Copyright Reuters 2018-05-01
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Pretty stupid of Trump. The standard for proving libel of public figures is higher and Daniels now counts as such. You have to prove actual malice But given the obvious facts of the case, it seems likely that she would prevail in court. 

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3 minutes ago, phantomfiddler said:

What a slag ! Breaks a well paid confidentiality contract and it,s her who should be sued. Look at the face on her lawyer. Would you trust him ?

 

1 minute ago, rgraham said:

What character? I never thought I would see the silly liberals help this has been porn star get so much free publicity!

Typical troglodytic attitude about people who work in the sex industry. How ancient are you two?

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1 hour ago, phantomfiddler said:

What a slag ! Breaks a well paid confidentiality contract and it,s her who should be sued. Look at the face on her lawyer. Would you trust him ?

Would you trust a proven liar to run a country ?

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5 hours ago, phantomfiddler said:

What a slag ! Breaks a well paid confidentiality contract and it,s her who should be sued. Look at the face on her lawyer. Would you trust him ?

Gee, don't you think Trump has lawyers? And, aren't they suing her? Your last statement about trust is most humorous; you trust Trump?

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Sorry, whether you like Trump or don't, Daniels is doing this for money.  I think she already stated she was not attracted to Trump, did not really want to have sex with him but did it anyway.  What's that make her?  Seems like a whore to me.  Whether she did it for money or other gain that means she thought she would get something out of it.  That's her business and she is free to live her life but don't moan about things later.  This new lawsuit is all an attempt to keep this in the news and get her fame and fortune.  Why anyone would pay her to appear here or there is beyond me.  

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10 hours ago, Trouble said:

Sorry, whether you like Trump or don't, Daniels is doing this for money.  I think she already stated she was not attracted to Trump, did not really want to have sex with him but did it anyway.  What's that make her?  Seems like a whore to me.  Whether she did it for money or other gain that means she thought she would get something out of it.  That's her business and she is free to live her life but don't moan about things later.  This new lawsuit is all an attempt to keep this in the news and get her fame and fortune.  Why anyone would pay her to appear here or there is beyond me.  

Gee, "What's that make her?" Are you serious? Of course, she would be likely to have sex; sort of like shaking hands or a kiss on the cheek for others. Did she do it because she liked him or his money? Gee, another case of, are you serious? Seems like a whore to you does she, once again, are you serious?  Her moan is much more than about money, it is also fame; and it may even be a little bit of patriotism. If what she says is true, the Trump needs to man up and stop lying. If she is lying, the Trump needs to man up and testify in court; he certainly has the legal team to do it.

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And the liar-in-chief can't even get his story straight with his own lawyer...or not lawyer...or some business man he knows...or is it coffee boy yet?

 

Michael Cohen Claimed He Talked With Trump the Day of the Stormy Daniels Deal

 

Quote

President Donald Trump’s personal lawyer Michael Cohen was in communication with the then-presidential candidate the day Cohen wired hush money to Stormy Daniels, according to previously unreported tweets.

 

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How can you possibly defame someone who used to make a living by lying (guess she called it acting", letting people get paid for blowing their load in her face and taking meat sticks in every orifice of her body while getting paid to do it? She's a has-been hack that nobody wants to see any more and saw an opportunity for one more monetary score.

She already sold the rights to her sorted little story to InTouch magazine in 2011. Funny how she claimed to have lived in Las Vegas after her daughter was born in 2011 but made NO mention of ANY person threatening her to "keep quiet" or "forget the story" and never filed a police report with the Las Vegas police.

https://www.intouchweekly.com/posts/stormy-daniels-full-interview-151788

Just another gold digger being prodded by an opportunistic lawyer.

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4 minutes ago, mikebike said:

Well mrwebb8825 the simple answer would be the laws of the USA do not discriminate based on occupational or life choices as you seem wont to do.

You should read the article before posting. Seems she couldn't remember a whole lot of details but suddenly, 6 yrs later it all becomes clear? :whistling:

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3 minutes ago, mrwebb8825 said:

You should read the article before posting. Seems she couldn't remember a whole lot of details but suddenly, 6 yrs later it all becomes clear? :whistling:

So you're contending that Trump didn't have sex with this woman and someone he claimed didn't represent him and then said did, paid $130000 in hush money to a woman who didn't have sex with his (non) client?

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6 minutes ago, mrwebb8825 said:

You should read the article before posting. Seems she couldn't remember a whole lot of details but suddenly, 6 yrs later it all becomes clear? :whistling:

I am well aware of the facts. Just a simple answer for your simple question.

 

Question for you: have any statutes of limitation run out?

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4 minutes ago, bristolboy said:

So you're contending that Trump didn't have sex with this woman and someone he claimed didn't represent him and then said did, paid $130000 in hush money to a woman who didn't have sex with his (non) client?

Perhaps you should reread the OP and my post before posting. The story isn't about humping her, it's about the fake drawing of some guy and a threat that never happened.

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30 minutes ago, mrwebb8825 said:

How can you possibly defame someone who used to make a living by lying (guess she called it acting", letting people get paid for blowing their load in her face and taking meat sticks in every orifice of her body while getting paid to do it? She's a has-been hack that nobody wants to see any more and saw an opportunity for one more monetary score.

She already sold the rights to her sorted little story to InTouch magazine in 2011. Funny how she claimed to have lived in Las Vegas after her daughter was born in 2011 but made NO mention of ANY person threatening her to "keep quiet" or "forget the story" and never filed a police report with the Las Vegas police.

https://www.intouchweekly.com/posts/stormy-daniels-full-interview-151788

Just another gold digger being prodded by an opportunistic lawyer.

I know  another politician who by your standards was a liar: Ronald Reagan.

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6 minutes ago, mikebike said:

I am well aware of the facts. Just a simple answer for your simple question.

 

Question for you: have any statutes of limitation run out?

You tell me. 1st, name the crime you're referring to since humping isn't 1, then find the statute.

https://criminal.findlaw.com/criminal-law-basics/time-limits-for-charges-state-criminal-statutes-of-limitations.html

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Just now, mrwebb8825 said:

now you're just being "glib".

Not at all. You accuse her of being a liar presumably because she is faking an emotion on-screen. I would call that acting whether bad or not I can't say. I'm not being glib; you just have a double standard. Probably because of your prudish attitude about sex.

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30 minutes ago, mrwebb8825 said:

You should read the article before posting. Seems she couldn't remember a whole lot of details but suddenly, 6 yrs later it all becomes clear? :whistling:

From your previous post I would have thought you objected due to her occupation.

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3 minutes ago, mikebike said:

We have been discussing "defamation" as introduced in your post which I replied to.

"Defamation law in the United States is much less plaintiff-friendly than its counterparts in European and the Commonwealth countries, due to the enforcement of the First Amendment. ... Washington State has held its criminal libel statute unconstitutional applying the state and federal constitutions to the question."

 

"Truth is an absolute defense against defamation in the United States, meaning true statements cannot be defamatory."

 

https://en.wikipedia.org/wiki/United_States_defamation_law

 

Guess it'll be up to the courts but don't hold your breath. In her claim she says that the "event" occurred shortly after she agreed to do the InTouch interview in May, 2011 yet makes NO MENTION of any such "event" during the interview that took place just 1 month later in June, 2011.

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2 minutes ago, FritsSikkink said:

 

Trump says 6.5 things that aren't true per day. I really don't think this is much of a revelation.

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