Avenatti argued that the tweet damaged Stormy's credibility and painted her as a liar. The President's attorneys asked for a dismissal and it looks like the judge will side with the Trump team.
“The question is whether the tweet by the president is protected communication or political hyperbole and non-defamatory on its face,” U.S. District Judge James Otero said during Monday’s hearing.
A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)! https://t.co/9Is7mHBFda— Donald J. Trump (@realDonaldTrump) April 18, 2018
“He’s a public official, he’s president of the United States, so it doesn’t get much higher than that,” Otero said. “It’s free speech by a public official on a matter of public concern.”
He continued, “(Allowing) the complaint to go forward and to have one consider this to be defamatory in the context it was made would have a chilling effect,” Otero said during the hearing.