Rhetorical hyperbole like calling things “a total con job” are protected. It is how Trump gets away with lies and veiled threats that are also POTUS* “official statements”.
This defamation suit seemed to rely on a hope that there would be more extensive investigation and outrage on an event that relied on identifying a guy in a sketch.
OTOH, there’s the hush money attempt and the misuse of election funds, as well as the obvious lie about the affair itself.
In a ruling filed in U.S. District Court in Los Angeles, Judge James Otero found that the tweet "constitutes 'rhetorical hyperbole' normally associated with politics and public discourse in the United States."
"The First Amendment protects this type of rhetorical statement," Otero wrote. He said Trump was entitled to attorney's fees, which weren't specified.
Daniels will appeal the decision, said her attorney, Michael Avenatti.
He tweeted that Daniels' other claims against Trump and Michael Cohen, the president's former personal attorney, were unaffected.
Daniels has filed a separate suit against Trump and Cohen seeking to invalidate a non-disclosure agreement in which Cohen paid her $130,000 to remain silent about the alleged affair before the 2016 presidential election.
Attorneys for Trump and Cohen filed documents last month indicating that they don't intend to enforce the agreement. But Avenatti countered that he and his client want to go forward with that lawsuit anyway.
Trump has denied any affair with Daniels took place at all.
www.nbcnews.com/...