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Judge throws out Stormy Daniels’s defamation lawsuit against Trump


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1 minute ago, Shabibilicious said:

 

Does it?  You must have read her book to know I'm wrong.......what'd ya think it, CL?  B)

 

GO RV, then BV

I try to stay away from reading fictional trash....last book I just finished was written by Congressnan Chavez.....titled "The Deep State"......I believe you might enjoy it and from some of your recent postings you might learn something as well.....JMHO....as always....CL

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From the Wall Street Journal 

Trump Reportedly Directed Cohen and Eric Trump To Keep Stormy Quiet

 

https://www.cnbc.com/2018/10/02/trump-directed-michael-cohen-eric-trump-to-quiet-stormy-daniels-wsj.html?__source=yahoo|finance|headline|story|&par=yahoo&yptr=yahoo

 

Then presidential candidate Donald Trump with his son Eric Trump during a campaign event at Briar Woods High School August 2, 2016 in Ashburn, Virginia.

 

GO RV, then BV

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Judge throws out Stormy Daniels’s defamation lawsuit against Trump

 
 
 
K7UFDOGQZUI6RMWS6OLSE62D6A.jpg
Stormy Daniels, the adult film star who claims to have had an affair with President Trump, talks with a journalist during an interview at the Berlin erotic fair “Venus” on Thursday. (Ralf Hirschberger/AFP/Getty Images)
October 15 at 8:22 PM

A federal judge on Monday dismissed a lawsuit from adult film actress Stormy Daniels that claimed President Trump defamed her when he suggested she had lied about being threatened to keep quiet about their alleged relationship.

U.S. District Judge S. James Otero in Los Angeles ruled that Trump’s speech was protected by the First Amendment as the kind of “‘rhetorical hyperbole’ normally associated with politics and public discourse in the United States.” He ordered Daniels, whose given name is Stephanie Clifford, to pay Trump’s legal fees.

Trump attorney Charles Harder cheered Otero’s decision.

“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 total victory for President Trump and total defeat for Stormy Daniels,” Harder said in an emailed statement.

The ruling is a blow for Daniels and her lawyer, Michael Avenatti, who has raised a national profile from his legal battles against the president and is contemplating a presidential bid in 2020.

Avenatti called the ruling “limited” on Twitter and said it did not affect Daniels’s primary case against Trump and his former attorney Michael Cohen, which seeks to invalidate her 2016 nondisclosure agreement.

“Daniels’ other claims against Trump and Cohen proceed unaffected,” Avenatti wrote on Twitter.

“Trump’s contrary claims are as deceptive as his claims about the inauguration attendance. We will appeal the dismissal of the defamation cause of action and are confident in a reversal,” he tweeted.

The now-dismissed suit has received less attention than two other cases pending against Trump — Daniels’s lawsuit seeking to void the nondisclosure agreement and a separate defamation claim by former Apprentice contestant Summer Zervos, who alleges that Trump sexually assaulted her in 2007 and argues that he defamed her when he suggested she was lying.

Trump was ordered last month to provid written answers under oath in that case, which is proceeding in New York State Supreme Court.

Avenatti and Daniels have joined the ranks of Trump’s chief antagonists since the beginning of this year, when Daniels’s nondisclosure agreement was first reported. The deal was brokered in the lead-up to the 2016 election to stop Daniels from speaking about a brief affair she says she had with Trump in 2006. Trump denies that an affair took place.

Trump and Cohen have sought to prevent further litigation over the NDA by promising not to enforce it. The two sides will appear before Otero on Dec. 3 to argue about whether that lawsuit should proceed.

Daniels filed the defamation claim in April after she released a sketch purporting to show the man she says threatened her in 2011 to keep quiet about the alleged affair.

Responding to the sketch on Twitter, Trump wrote that it depicted a “nonexistent man.”

“A total con job, playing the Fake News Media for Fools (but they know it)!” he wrote in the tweet, which became the basis of Daniels’s suit.

Otero had indicated during a late-September hearing that he was skeptical of Daniels’s claim on free-speech grounds. He argued Monday that Daniels has presented herself as Trump’s “political adversary” in public and in court filings and that Trump has the right to respond to her claims.

“If this Court were to prevent Mr. Trump from engaging in this type of ‘rhetorical hyperbole’ against a political adversary, it would significantly hamper the office of the President,” Otero wrote.

“Any strongly-worded response by a president to another politician or public figure could constitute an action for defamation. This would deprive this country of the ‘discourse’ common to the political process,” he wrote.

https://www.washingtonpost.com/politics/judge-throws-out-stormy-danielss-lawsuit-against-trump/2018/10/15/402935e8-d0cc-11e8-b2d2-f397227b43f0_story.html?utm_term=.2646ae0ebfff

Edited by Butifldrm
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Stormy Daniels Lawsuit Dismissed, Trump Entitled To Legal Fees

Profile picture for user Tyler Durden
Mon, 10/15/2018 - 18:43

The Judge has dismissed porn actress and stripper Stephanie Clifford's lawsuit against President Trump, according to one of Trump's attorneys. The judge says that Trump is entitled to legal fees from Daniels, which Trump's legal team says will be determined at a later date. 

daniels%20avenatti_0.jpg

 

FLASH: Federal judge dismisses porn star Stormy Daniels’ defamation lawsuit against President Donald Trump

 
 

A statement from Trump's legal team reads:  

United States District Judge S. James Otero issued an order and ruling today dismissing Stormy Daniels' defamation lawsuit against President Trump. The ruling also states that the President is entitled to an award of his attorneys' fees against Stormy Daniels. A copy of the ruling is attached. 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 total victory for President Trump and total defeat for Stormy Daniels. The amount of the award for President Trump's attorneys' fees will be determined at a later date.

Daniels' attorney Michael Avenatti responded to the dismissal, tweeting: "We will appeal the dismissal of the defamation cause of action and are confident in a reversal," while stating that Daniels' other claims against Trump and Cohen "proceed unaffected." 

Re Judge’s limited ruling: Daniels’ other claims against Trump and Cohen proceed unaffected. Trump’s contrary claims are as deceptive as his claims about the inauguration attendance.

We will appeal the dismissal of the defamation cause of action and are confident in a reversal.

— Michael Avenatti (@MichaelAvenatti) October 15, 2018

Last week Trump's legal team argued that it made no sense for them to keep fighting in court over a $130,000 hush payment received by Clifford, also known as Stormy Daniels, as she invalidated the non-disclosure agreement she signed with Trump's longtime fixer and lawyer, Michael Cohen. 

The lawsuit is moot because Trump has consented that the agreement, as she has claimed, was never formed because he didn’t sign it and he has agreed not to try to enforce it, Trump said in his court filing. The company created by Cohen to facilitate the non-disclosure agreement, which initially said Clifford faced more than $20 million in damages for talking, said in September that it wouldn’t sue to enforce the deal. -Yahoo

Michael Avenatti's terrible October

This month has not treated Stormy's attorney well. Michael Avenatti went from Democrat darling during his representation of Daniels, to scapegoat over Justice Brett Kavanaugh's nomination to the Supreme Court after he introduced an 11th hour claim by a woman who said Kavanaugh orchestrated gang-rape parties in the early 1980s - an allegation thought by many to have derailed otherwise legitimate claims against the Judge. 

Less than two weeks later Avenatti came under fire after he launched a now-deleted fundraising page for Texas Democratic Senate candidate Beto O'Rourke.

In the fine print, O'Rourke supporters discovered that half the proceeds went to Avenatti's Fight PAC, which he formed a little over seven weeks ago

avenatti%20beto%20%281%29.png

It is pretty skeezy,” said Brendan Fischer, the director of federal and FEC reform programs at the Campaign Legal Center, of the fundraising tactic. “If Avenatti wanted to raise funds for Beto O’Rourke’s campaign, he could just share a link to the Beto for Senate donation page. But he didn’t. Avenatti’s tweet gave viewers the impression their donation would support Beto for Senate, and given how easy it is to make a one-click donation through ActBlue, some viewers could miss the fine print disclosing that their donation would be split with Avenatti’s PAC.”-Daily Beast

Avenatti called the criticism "complete nonsense," noting that Senators Elizabeth Warren and Kamala Harris "do the same thing." Perhaps sensing he'd made a huge mistake, Avenatti deleted the page - telling the Daily Beast in a text message: "It wasn’t worth the nonsense that resulted from people that don’t understand how common this is." 

The question now is; after three strikes, is Avenatti out?

Read the full order here.

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  • yota691 changed the title to Judge throws out Stormy Daniels’s defamation lawsuit against Trump

Trump Vows To Go After Horseface, Stormy Daniels

 

https://www.yahoo.com/entertainment/trump-vows-horseface-stormy-daniels-155543060.html

 

Why the man would bang a porn star he thinks has a horse face is beyond me.  Dude obviously has serious mental issues and inner demons.

 

GO RV, then BV

Edited by Shabibilicious
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cranman, I haven’t heard that song in ages. Omgosh,  thanks. 

 

I used to go see WN at the Broken Spoke in Austin in the 70’s. If you think Willie is a piece of work you should have seen his mother. She was a pistol, an incredible woman. Pure Texas!!!!!

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Stormy Hits Back At "Tiny" Trump

 

https://www.yahoo.com/news/stormy-daniels-hits-back-donald-202825752.html

 

Stormy Daniels

 

This spectacle and national embarrassment is out of control.....How long will it be before Trump produces signed affidavits from all of his past female conquests confirming his very bigly manhood?  :facepalm:

 

GO RV, then BV

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32 minutes ago, Shabibilicious said:

Stormy Hits Back At "Tiny" Trump

 

https://www.yahoo.com/news/stormy-daniels-hits-back-donald-202825752.html

 

Stormy Daniels

 

This spectacle and national embarrassment is out of control.....How long will it be before Trump produces signed affidavits from all of his past female conquests confirming his very bigly manhood?  :facepalm:

 

GO RV, then BV

Horny Stormy was so drunk she simply did not realize it wasn't Donald Trump that was Clinton cigar.:lmao:

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26 minutes ago, ladyGrace'sDaddy said:

Horny Stormy was so drunk she simply did not realize it wasn't Donald Trump that was Clinton cigar.:lmao:

 

A 130K cash payment from the "king of admit nothing" says otherwise.  ;)  130K he's going to get back in court costs though.....which is nice.  :D

 

GO RV, then BV

Edited by Shabibilicious
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38 minutes ago, Shabibilicious said:

 

A 130K cash payment from the "king of admit nothing" says otherwise.  ;)  130K he's going to get back in court costs though.....which is nice.  :D

 

GO RV, then BV

I've since changed my ways, but back in the day I'd say "Now that's how ya do her Son" :cigar:

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NBC News Sat On Information That Would Have Discredited Kavanaugh Accusers

Profile picture for user Tyler Durden
Fri, 10/26/2018 - 19:30

While promoting obviously biased and possibly defamatory narratives is par for the course at NBC News (in another example,MSNBC's chief political correspondent suggested last night that Russia might be behind the spate of attempted mail bombings despite having no evidence to support that claim), its decision to sit on information that undermined the claims of one of the Brett Kavanauh "accusers" wrangled by attorney/presidential candidate/charlatan Michael Avenatti is simply baffling, as the Daily Wire reported.

Swetnick

After NBC aired in an interview with Julie Swetnick that undermined her testimony in a sworn affidavit (something that recently earned the pair a criminal referral to the DOJ), Avenatti presented ANOTHER sworn statement from a fourth anonymous accuser who allegedly knew Swetnick and had witnessed some of the same boorish behavior exhibited by Kavanaugh.

View image on TwitterView image on Twitter
 

Yet another accuser has come forward (see sworn stmt below). She is prepared to meet with the FBI today and disclose multiple facts and witnesses.

 
 

Or at least that's what Avenatti apparently convinced her to swear to in his affidavit. Because, as NBC has revealed, during an interview with the woman arranged by Avenatti on Sept. 30, she largely denied making many of the claims in he affidavit, and effectively told NBC that she had never witnessed Kavanaugh engage in any of the questionable behavior alleged by his accusers.

And when the network again spoke to this anonymous accuser after the publication of the affidavit, Avenatti she said that it incorrectly represented her claims, and that she had barely "skimmed" it prior to its release. Overall, NBC determined that her story "wasn't credible" - though it never shared this judgment with the public. What's more, the woman's retractions also created more reason to question Swetnick's claims.

NBC says it spoke to this woman two days before Avenatti released her statement, and didn’t seem to find her credible. The outlet said the woman told NBC a different story than what was presented in the affidavit.

"Referring to Kavanaugh spiking the punch, 'I didn't ever think it was Brett,' the woman said to reporters in a phone interview arranged by Avenatti on Sept. 30 after repeated requests to speak with other witnesses who might corroborate Swetnick's claims," NBC reported Thursday night. "As soon as the call began, the woman said she never met Swetnick in high school and never saw her at parties and had only become friends with her when they were both in their 30s."

This alleged corroborating witness then told reporters she never witnessed Kavanaugh act inappropriately toward women, but said everyone at these parties drank heavily.

NBC again contacted this woman on October 3, the day Avenatti tweeted out her statement. At this time, she told the media outlet she only “skimmed” the declaration. The next day – October 4 – she texted NBC, saying: "It is incorrect that I saw Brett spike the punch. I didn't see anyone spike the punch ... I was very clear with Michael Avenatti from day one."

Not publishing this information served only one obvious purpose: it shielded Avenatti from another embarrassment and helped support an anonymous allegation of abuse against Kavanaugh that turned out to be untrue. But somehow President Trump is the one in the wrong for calling the mainstream media on their BS?

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GRASSLEY ASKS DOJ TO OPEN NEW INVESTIGATION AGAINST MICHAEL AVENATTI

7:56 PM 10/26/2018 | US
Chuck Ross | Reporter
 720
 

Senate Judiciary Committee Chairman Chuck Grassley is asking the Department of Justice and FBI to open a second investigation into whether attorney Michael Avenatti made false statements to Congress about Supreme Court Justice Brett Kavanaugh.

The referral, submitted Friday, follows one that Grassley issued Thursday against Avenatti and his client Julie Swetnick. The Iowa Republican claimed that Avenatti and Swetnick made inconsistent claims in a sworn declaration accusing Kavanaugh of sexual misconduct in the 1980s.

Swetnick, who submitted the declaration under oath on Sept. 27, said that she saw Kavanaugh drugging girls’ drinks at parties in the early 1980s when he was in high school. She also claimed that gang rapes occurred at the parties and that Kavanaugh may have participated. (RELATED: Avenatti Accused Of ‘Twisting Words’ Of Kavanaugh ‘Witness’)

In Friday’s referral, Grassley cited a report from NBC News on Thursday that raised questions about a second declaration submitted on Oct. 2 through Avenatti from a woman who purported to back Swetnick’s claims about Kavanaugh.

But Grassley says that, “simply put, the sworn statement Mr. Avenatti provided the Committee on October 2 appears to be an outright fraud.”

“In light of this new information, I am now referring Mr. Avenatti for investigation of additional potential violations of those same laws, stemming from a second declaration he submitted to the Committee that also appears to contain materially false statements,” Grassley wrote to Attorney General Jeff Sessions and FBI Director Christopher Wray.

According to NBC, the purported witness disputed claims made in the declaration both before and after Avenatti submitted the document.

In the declaration, she claimed to have seen Kavanaugh at parties mistreating girls and drugging their drinks.

But in an interview with NBC News on Sept. 30, a day before Swetnick was interviewed, the woman disputed both claims. She said that she never witnessed Kavanaugh spiking drinks or acting aggressively towards women.

Sen. Chuck Grassley (R-IA) Chairman of the Senate Judiciary Committee reacts to noise during the meeting to vote on the nomination of Brett M. Kavanaugh to be an associate justice of the Supreme Court of the United States in Washington, U.S., September 28, 2018. REUTERS/Mary F. Calvert

Sen. Chuck Grassley (R-IA) Chairman of the Senate Judiciary Committee reacts to noise during the meeting to vote on the nomination of Brett M. Kavanaugh to be an associate justice of the Supreme Court of the United States in Washington, U.S., September 28, 2018. REUTERS/Mary F. Calvert

Avenatti emailed committee staff on Oct. 2 with an affidavit he said was “from another witness who supports a number of allegations of Ms. Swetnick.”

“She knows both Ms. Swetnick and Dr. Ford. The identify [sic] of this witness will be released to the FBI once they contact me to arrange an interview as she does not want her name publicly disclosed at this time,” Avenatti wrote.

After Avenatti submitted the declaration, the woman told NBC News that the attorney had “twisted [her] words.”

She also told NBC that “it is incorrect that I saw Brett spike the punch. I didn’t see anyone spike the punch … I was very clear with Michael Avenatti from day one.”

It is unclear why the woman signed the declaration, though she told NBC News that she only scanned the document before signing it. It is also unclear why NBC sat on the information for more than three weeks.

Avenatti, who is considering a 2020 presidential bid, called Grassley’s latest referral “complete garbage.”

“We want the investigation started this weekend so we can show how full of crap Grassley is ASAP. He knows nothing about the law, which is not surprising seeing as he never attended law school,” Avenatti told The Daily Caller News Foundation.

https://dailycaller.com/2018/10/26/grassley-asks-doj-to-open-another-investigation-against-michael-avenatti/

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***///

Thank you BEAUTIFUL one for the post ! :tiphat:

 

It does US a world of good to see the good guys FINALLY growing a pair and

standing up to the disgusting operatives, tools & useful idiots of the deep state swamp.

 

We've turned the other cheek for far too long & allowed them to gain ground & establish a

foothold in our Republic that goes against all we stand for !  :facepalm:

 

Hope we've learned our lesson, join The President's fight to drain the swamp and hold these

traitors accountable for the damage they've done/are doing to US !  :angry:

 

.

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Trump Nails Stormy Daniels With $341,000 Demand For Legal Fees

Profile picture for user Tyler Durden
Mon, 10/29/2018 - 23:25

President Trump has demanded $341,559.50 in legal fees from Stormy Daniels after a federal judge threw out her defamation case against the president earlier this month, reports the Washington Examiner.

stormy%20trump_0.jpg

US District Judge James Otero dismissed the case against Trump after ruling that an April tweet calling a forensic sketch of a man Daniels claims threatened her was a "total con job." Otero said Trump's tweet constitutes "rhetorical hyperbole" covered by the First Amendment, and ordered Daniels (real name Stephanie Clifford) to pay Trump's legal 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 U.S.," Otero said in his October 15 ruling.

In a Monday court filing, Trump's attorneys demanded $341,559.50 from Daniels, claiming that she "filed this action, not because it had any merit, but instead for the ulterior purposes of raising her media profile, engaging in political attacks against the president by herself and her attorney, who has appeared on more than 150 national television news interviews attacking the President and now is exploring a run for the presidency himself in 2020."

Of note, Trump is seeking reimbursement for more than 500 hours of attorneys' fees, with hourly rates ranging from an average of $841.64 for high-profile attorney Charles Harder (who represented Hulk Hogan in his $140 million lawsuit against Gawker), to $756.49 an hour for Los Angeles attorney Ryan Stonerock, all the way down to $307.60 for Harder LLP attorney Ted Nguyen. 

Avenatti told the Examiner: "This is a number created out of whole cloth," adding "And it is nothing compared to what he will owe my client from the main NDA case."

daniels%20avenatti_1.jpg

Daniels filed a separate defamation lawsuit against President Trump in the spring for suggesting she lied. 

Former Trump attorney Michael Cohen paid Daniels $130,000 in 2016 in exchange for her silence about an alleged affair with Trump, however she filed a lawsuit claiming that the Non-Disclosure Agreement (NDA) was invalid since it lacked Trump's signature.

President Trump has denied the affair, while his attorneys argued in early October that the lawsuit should be dismissed since Trump was not going to enforce the NDA.

The lawsuit is moot because Trump has consented that the agreement, as she has claimed, was never formed because he didn’t sign it and he has agreed not to try to enforce it, Trump said in his court filing. The company created by Cohen to facilitate the non-disclosure agreement, which initially said Clifford faced more than $20 million in damages for talking, said in September that it wouldn’t sue to enforce the deal. -Yahoo

Read the Monday filing seeking attorney's fees below: 

 

https://www.zerohedge.com/news/2018-10-29/trump-nails-stormy-daniels-341000-demand-legal-fees

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  • 3 weeks later...
stormy-01-696x365.png
 
 

On Thursday, during a speaking engagement of the Oxford Union debating society, adult star Stormy Daniels told the audience that President Trump was to blame for her fledgeling career.

Breitbart reported that this finger pointing comes despite the fact Daniels made all the decisions that dropped her into what she describes as a political “shitshow.”

 
 
adchoices_icon.png

It was HER decision to violate the non-disclosure agreement she had with Trump about their alleged one night stand in 2006, HER decision to retain publicity-seeking Michael Avenatti as her attorney, HER decision to sue (and lose) Trump for defamation — yet she still says it “completely destroyed” her career in porn.

 

The Donald Trump sex scandal has “completely destroyed” Stormy Daniels’ writing and directing career, the adult film actress told members of the Oxford Union debating society Thursday evening.

 

The political “shitshow” of the last ten months left her with no capacity to write movies—her favorite part of working in porn—she said during an event entitled “Sex, Guns and Other Fluff: How Porn Can Set You Free.”

But Daniels—real name Stephanie Clifford—vowed to keep working in the adult film world. Although she was on “an unofficial break” from writing and directing, she said she certainly hadn’t retired. “I’ll probably never leave the adult film industry,” she added.

Producing a porn film, Daniels told the packed debating hall, was an intensive process. “I write the script down, I do the budget, I do the shoot schedule, I pick out the wardrobe,” she said.

 

Daniels sued U.S. President Donald Trump and lawyer Michael Cohen earlier this year over a non-disclosure agreement concerning an alleged affair between the actress and the mogul. She maintains the two had sex in 2006, about a year into Trump’s marriage to current first lady Melania Trump.

“I had no idea what I was getting myself into,” she told the audience, referring to the ongoing scandal. “Nor would I realize what a huge impact the circus would have, not only on my life, but the rest of the world.”

Daniels went on to praise the benefits of sex education and pornography, conceding the adult film industry was hardly free from scandal.

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