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A federal judge has dismissed adult film star Stormy Daniels' defamation lawsuit against President Donald Trump.Daniels sued Trump after he said Daniels' story of a man threatening her not to come forward with her story of her alleged affair with Trump was "a total con job."Daniels argued Trump's tweet "attacks the veracity of her account" of the incident and that Trump's statement was "false and defamatory, and that the tweet was defamation ... because it charged her with committing a serious crime," District Judge S. James Otero wrote in his opinion Monday.Trump had asked Otero to dismiss the lawsuit."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.Daniels says she and Trump had an affair in 2006, shortly after he married first lady Melania Trump and she gave birth to their son, Barron. Trump has denied the affair.In addition, Trump is entitled to attorney's fees, Otero said.Trump's attorney Charles J. Harder said in a statement to CNN, "No amount of spin or commentary by Stormy Daniels or her lawyer, Mr. Avenatti, can truthfully characterize today's ruling in any way other than total victory for President Trump and total defeat for Stormy Daniels.""The amount of the award for President Trump's attorneys' fees will be determined at a later date," Harder added.Daniels' attorney, Michael Avenatti, responded to the ruling on Twitter and said: "Daniels' other claims against Trump and Cohen proceed unaffected. Trump's contrary claims are as deceptive as his claims about the inauguration attendance.""We will appeal the dismissal of the defamation cause of action and are confident in a reversal," Avenatti continued. 1860

A California police officer was charged Wednesday in connection with a fatal shooting at an Oakland-area Walmart store in April.San Leandro Police Officer Jason Fletcher was charged with voluntary manslaughter in connection with an incident where he fatally shot 33-year-old Steven Taylor on April 18.According to the Alameda County District Attorney's office, a security guard at the store called police when Taylor tried to leave San Leandro Walmart with a baseball bat and a tent without paying.Fletcher responded to the call and approached Taylor as he entered the store. The officer tried to grab the baseball bat from Taylor, and when he couldn't get control of the bat he drew his stun gun.After firing the stun gun, Taylor stumbled forward with the bat sitll in his hand. According to body camera footage, Fletcher repeatedly asked Taylor to drop the bat. Fletcher then fired his gun once, a shot that proved to be fatal.In its charging statement, the District Attorney's office, claimed that Taylor "posed no threat of imminent deadly force or serious bodily injury" to the officers or anyone else in the store because he had "clearly experienced the shock of the taser as he was leaning forward over his feet and stumbling forward."Fletcher's lawyer, Michael Rains, told the San Francisco Chronicle that he was "very disappointed" that the officer had been charged and that the charges were "undeserved."The decision to file the criminal complaint was made after an intensive investigation and thorough analysis of the evidence and the current law," Alameda County District Attorney Nancy O'Malley said.Lee Merritt, an attorney for Taylor's family, told NBC News that Taylor was experiencing a mental health crisis at the time of the shooting.Fletcher will be arraigned on Sept. 15 at a county courthouse in Dublin, California. 1845

A Charlotte County, Florida mom was arrested Wednesday morning after she accidentally ran into her son in the drop-off area of the Port Charlotte High School parking lot.According to the Charlotte County Sheriff's Office, 49-year-old Nadine Williams has a suspended license and gave false identification at the scene.  Williams' son was taken to the hospital with minor injuries.Deputies said they found Williams had a suspension for unpaid traffic fines and a failure to maintain insurance. They also said they found a citation for driving without a license just days before the incident Wednesday morning. When deputies asked her about the suspension, they said she told them she knew she was suspended, but she had to drive because it wasn't "like I'm murdering or raping."  815

A college entrance exam policy aimed at helping students with disabilities was exploited to enable cheating in what is being described as the biggest school admissions scandal ever prosecuted by federal authorities, according to court papers made public Tuesday.At least 50 people were charged in the scheme, which included not only cheating on the admissions tests but also bribing coaches to gain admission for students into elite schools. Among the defendants were actresses Felicity Huffman and Lori Loughlin.A federal affidavit made public Tuesday details allegations of test administrators being bribed "to allow a third party to facilitate cheating" on the ACT and SAT exams. The document says that in some cases, that involved providing answers, correcting answers after the fact or having someone else pose as the student to take the test.RELATED: Two San Diegans charged in college admissions schemeThe College Board, which runs the SAT, and ACT Inc. provide accommodations for students with medically documented disabilities that can include giving students extra time to complete the test or allowing them to take it alone under the supervision of a proctor.Both organizations are now defending the integrity of their testing process.The College Board said it has seen an increase in disabilities accommodations request in recent years as more students have opted to take its exams."The College Board has a comprehensive, robust approach to combat cheating, and we work closely with law enforcement as part of those efforts. We will always take all necessary steps to ensure a level playing field for the overwhelming majority of test takers who are honest and play by the rules," the nonprofit said in a statement.The court documents revealed how some wealthy families exploited the rite-of-passage exam that most high schoolers endure in order to apply for college admission. Clients paid ,000 to ,000 per test, according to the documents, "with the payments typically structured as purported donations" to a charity run by a cooperating witness.RELATED: Actresses Felicity Huffman, Lori Loughlin charged in alleged college admissions schemeAccording to the federal affidavit, parents were told by the witness, referred to as CW-1, who founded the Edge College & Career Network, also known as The Key, to have their children "purport to have learning disabilities" so they could get the medical documentation and then request to take the exam at one of two test centers the witness controlled. There, the court papers said, the cheating occurred.The doctored exams were then sent back to the testing organizations for grading.The court papers include a conversation between one of the defendants in the case, Gordon Caplan, and the witness that was obtained through a wiretap."Caplan: And it works?CW-1: Every time (laughing)."LIST: These are all the people charged in the alleged college cheating scamA private school director in Los Angeles and a public high school teacher in Houston have been charged with racketeering conspiracy for their role as paid standardized test administrators for both The College Board and ACT Inc.Officials with the ACT said it contracts with thousands of people to administer its college entrance exam around the country and slammed "the few bad actors who have attempted to undermine a fair testing environment." ACT also urged people to report suspected cheating through its security hotline."We appreciate the efforts of the authorities and the attention that they have brought to the importance of fairness in testing," ACT said in a statement.The typical testing experience has students taking the fee-based exam at their high school or a nearby school test site in their community. It's most often done in a group setting, a timed environment and monitored by familiar school staff, such as teachers and counselors contracted by ACT and SAT officials, experts said.Students arrive on the date with photo identification, which is matched to their preregistration information and the photo they send to the ACT and SAT administrators validating who they are.Students with disabilities who receive school accommodations and are served by the federal Individualized Education Program can apply directly to the ACT and SAT for similar accommodations, which may include testing documents in Braille for blindness, a text reader for dyslexia, snack breaks for diabetes, and extended time or one-on-one testing for attention deficit disorders.The College Board said it has dedicated staff to consider such requests and may request documentation to vet it.Rachel Rubin, co-founder of Spark Admissions near Boston, said it's common for families to get psychiatric evaluations for their children so that they can get extra time for the SAT or ACT or take it over multiple days or in a quiet room. She said such exams usually aren't covered by insurance and can cost thousands of dollars, yet another way the wealthy can get a leg up over the less fortunate.Jayne Fonash, a recently retired high school counselor in Virginia and the president-elect of the National Association for College Admission Counseling, said in her two decades of working with students to take college exams, it was extremely rare for a disability request to be denied.Fonash said she served as a test administrator for many years with both test makers. She said she was paid about 0 to supervise a testing room or about 0 to manage an entire test site."They're not doing it for the money. They're doing it so students have access to this testing opportunity," Fonash said of the educators who run the tests so that their students can take the test in a place they are familiar with and comfortable. "It goes to show the length that some parents and some professionals go to manipulate the process."___Associated Press writer Collin Binkley in Boston contributed to this report. 5917

A day after Donald Trump called Alec Baldwin's impersonation of him "terrible," Baldwin returned as the President on "Saturday Night Live."The NBC variety show came back from hiatus with Baldwin's Trump delivering a prepared statement on gun violence while sitting next to Beck Bennett's Mike Pence and Cecily Strong's Dianne Feinstein."We have to take a hard look at mental health, which I have so much of," Baldwin as Trump said, referring to one of the gun-related issues raised after last month's mass shooting at a school in Florida."I have one of the healthiest mentals. My mentals are so high."Baldwin's Trump then went back and forth on the debate saying that he loves the Second Amendment but that maybe we need to "take everyone's guns away.""Don't worry, Mike. I met with the NRA, they gave me 30 million good reasons not to change a thing," Baldwin's Trump said to the fake Pence.On Friday morning, the President and Baldwin engaged in a Twitter feud after?the President mocked the actor's impression of him."Alec Baldwin, whose dying mediocre career was saved by his terrible impersonation of me on SNL, now says playing me was agony. Alec, it was agony for those who were forced to watch," Trump said on Twitter.Baldwin responded on Twitter Friday by saying, "Agony though it may be, I'd like to hang in there for the impeachment hearings, the resignation speech, the farewell helicopter ride to Mara-A-Lago. You know. The Good Stuff."On Saturday night, Baldwin continued to mock Trump by having the President present his concerns over Wakanda, the fictional African nation from Marvel's "Black Panther.""They're all beating us," Baldwin's Trump said. "China, Japan, Wakanda. Wakanda is laughing at us. They have flying cars."Baldwin's Trump declared that he always said that he would run the country like a business, but that the business is a "Waffle House at 2 a.m.""Crazies everywhere, staff walking out in the middle of their shift, managers taking money out of the cash register to pay off the Russian mob," Baldwin's President Trump said.He then wrapped up the sketch alongside Kate McKinnon's Jeff Sessions to say the show's signature phrase, "Live from New York ... It's Saturday night!" 2218

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