Fact Check: Did Donald Trump Sue Stormy Daniels and Win?

The prospect that Donald Trump could face arrest over his alleged involvement in hush money payments made to adult film star Stormy Daniels by his then-lawyer Michael Cohen has further galvanized support toward the former president among his followers.

A grand jury in New York has been hearing evidence for the case and invited Trump to testify last week—which legal experts described as the "last stop" before an indictment. Trump told his Truth social media followers on Saturday that he expected to be arrested on Tuesday, and called for protests.

However, in the build-up to the decision, claims appeared on social media suggesting that the former president had previously won a legal action against Daniels.

The Claim

A tweet posted by @DC_Draino, on March 18, 2023, viewed more than 1.5 million times, claimed that: "Trump sued Stormy Daniels and won Stormy's lawyer is now in prison for fraud and extortion But Trump is the 1 getting indicted?"

The Facts

Daniels was allegedly paid $130,000 by Trump's former lawyer, Michael Cohen, in 2016 to keep quiet during his campaign about her alleged sexual relationship with the presidential candidate.

Cohen pleaded guilty in federal court in 2018 to making an illegal payment to Daniels and that Trump reimbursed him the money. He also testified the same more than 20 times in meetings with Manhattan prosecutors.

The claim, however, that Trump instigated legal action amid this scandal is false. While there is a crumb of truth behind this tweet, it's not clearly presented. Newsweek could find no record of Trump or his legal representatives filing a lawsuit against Daniels.

However, Daniels was ordered to pay Trump's legal fees after a federal appeals court rejected her bid to overturn a lower court's decision to dismiss a defamation lawsuit she had filed against him.

She had initially been ordered to pay Trump's attorney fees of $293,000 by Judge S. James Otero of the U.S. District Court for Central California back in December 2018. That order stands after losing her appeals. Trump had sought $389,000 in his request.

Daniels sued Trump for defamation after he denounced her claim that a man had threatened her not to come forward with details of their alleged affair. Trump called the accusations "a total con job."

While Trump succeeded, he only asked the judge for Daniels' case to be dismissed, and didn't instigate legal action himself.

"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 United States. The First Amendment protects this type of rhetorical statement," Otero wrote in 2018.

Daniels also recognized the falsehood, on March 20, 2023, tweeting: "Can someone please show me where tiny sued me when he left office? I'm starting to think his supporters are competing in a secret contest for who can come up with the most ridiculous inaccurate tweet."

Trump supporters have been rallying to the former president's side in the lead-up to the possibility of an indictment this week. Rudy Guiliani, his former legal representative said that indicting Trump would be "the kind of thing that ends a civilization."

Speaking to Newsmax on Sunday, Giuliani said: "It's usually the downfall of a great republic when the prosecution system is turned into a political device. You can look at ancient history, and you can see this is the kind of thing that ends a civilization."

Newsweek has contacted a Trump representative via email for comment.

The Ruling

False.

Trump did not sue Stormy Daniels.

She filed a defamation case against the former president and lost, also losing a subsequent appeal.

As part of this case, a judge ordered her to pay Trump's attorney fees.

While Trump's request to dismiss the case was successful, he has not instigated, or won, any lawsuits against Daniels.

FACT CHECK BY NEWSWEEK