Avenatti: I have been practicing law for nearly 20 years. Never before have I seen a defendant...

[MooDrew]

31. Damages

There is a distinction between a contract claim and a tort claim. One doesn't have to show actual economic harm to get a judgment. What provable economic harm did Summer Zervos suffer as a result of Trump's defamation of her? Yet, her case still goes on.

Still, I'd argue Stormy has suffered great harm economic and otherwise as a result of Trump's defamation.

1. As far as I am aware, Trump has yet to publish a retraction of his defamatory statements. He has merely conceded the contract is void. As a result, she is still suffering ongoing harm.

To publish an effective retraction Trump would have to issue a public statement that she wasn't lying and he was. It would have to be made in a venue and manner that was capable of receiving similar media coverage that his denials did. So far, Trump hasn't even made this very basic attempt to mitigate the ongoing harm she is receiving as the result of his defamation.

2. Yes, Trump could argue that she has suffered very little economic damage because her career got a boost. I'd argue the boost to her career is only temporary and the increased costs as the result of his defamation are ongoing.

As the case has begun to fade from the national attention, so has the turnout to her shows and the number of her bookings. I am sure Avenatti will be able to demonstrate with documentation the decline. Porn Stars don't earn residuals from their prior work. The peak money that she made is already declining and will continue to do so as the story continues to fade.

She regularly gets death threats and threats of violence as a result of Trump's defamation. As such she has had to add 24-hour security whereas before she had none. Once her earnings fall back to that of a 39-year-old fading porn star she won't be able to afford this ongoing and necessary expense to keep herself and her family safe. I recall a news story from a while back where a Texas newspaper published pictures of her home. The original article included information that gave away her home address. In the article, several of her neighbors were interviewed and they all said they weren't aware a porn star lives in their neighborhood as they were quiet and kept to themselves. Even the most famous Porn Stars have the sanctuary of their home to return to where they can lead a non-public life. Ms. Daniels no longer does.

As the result of threats from Trump supporters, she had to take her daughter out of school and hire someone to homeschool her. (This was in an interview I read). She can also argue this is what led to her marriage breaking up and the possible loss of custody of her child. Oh, don't forget the Trump supporting police officers that made up an offense so they could arrest her and publically humiliate her. That wouldn't have happened if Trump hadn't defamed her.


I'd argue that overall it is difficult to imagine a defamatory act where one suffers greater harm than when the President of the United States uses the trappings of his office to defame you on multiple occasions. I think she is entitled to a very large judgment.