Stormy Daniels’ libel suit against President Donald Trump for claiming that her claim she was threatened over their consensual sexual liaison was “a total con job” constitutes a unique attempt to make it easier for women to bring sexual abuse lawsuits against prominent men. The lawsuit contends that in making the charge Trump accused Daniels, aka Stephanie Clifford, of committing the crime of falsely accusing another person of a crime when there was no such crime. Trump’s statement could be viewed as defamation of character. (Bloomberg News, access blocked, May 1, 2018, by Noah Feldman)
Notwithstanding, Clifford will find that it is not easy to prevail in defamation proceedings. In this case, it would be difficult to show she was hurt in her profession. Trump’s comment can also be viewed by a court as a statement of opinion rather than fact as such protected by the First Amendment. (NBC News, May 1, 2018, by Danny Cevallos)
In an article in a law journal, Air Force Academy Professor Douglas McKenchnie argues that malicious defamation is not included in presidential duties thus cancelling any presidential immunity in a label action. (Constitutional Law Blog, May 2, 2018, by Ruthann Robson)