Judge Uses Brett Kavanaugh to Pile on Trump in Summer Zervos Decision

Lester Mason
March 15, 2019

The president himself has said the lawsuit is politically motivated and that Zervos only turned on him after he failed to accept an invitation to her restaurant.

On Thursday an appellate court in NY ruled that Trump was not immune from being sued in state court and that a defamation lawsuit against him could move forward. The judges cited the U.S. Supreme Court's ruling in Clinton v. Jones, which ruled that presidents can still be sued while in office for unofficial acts.

"We reject defendant President Trump's argument that the Supremacy Clause of the United States Constitution prevents a New York State court - and every other state court in the country - from exercising its authority under its state constitution".

In a 3-2 decision on Thursday, the Appellate Division in Manhattan said the U.S. Constitution did not strip state courts of power to decide cases arising under state constitutions, even if they involved sitting presidents.

"We are very pleased that the First Department has affirmed once again that Defendant "is not above the law, '" Zervos" lawyer, Mariann Wang, said in a statement.

Summer Zervos, who appeared on the NBC reality show in 2006, filed a lawsuit against Trump alleging that he defamed her during the presidential campaign after slamming her sexual harassment complaints as "fabricated and made-up".


"We look forward to proving to a jury that Ms. Zervos told the truth about Defendant's unwanted sexual groping and holding him accountable for his malicious lies", she said. She had been a contestant on The Apprentice the previous year.

President Donald Trump listens during a briefing on drug trafficking at the southern border in the Roosevelt Room at the White House, on March 13. The first allegedly occurred in Trump's office in 2007 when he kissed her.

While the statute of limitations on such misconduct charges has long expired, Trump's caustic comments during the 2016 campaign that Zervos' claims were "total fiction" and "all false stuff" basically reset the clock. In short, she was able to file a suit against Trump because he publicly called her a liar. "There is no federal law that conflicts with the defamation claims that Zervos brought against Trump, the judge wrote".

The dissenting judges said the lawsuit would interfere with Mr Trump's job as President, and should wait until he left office.

Both sides have continued gathering evidence while awaiting the appeals court's decision.

The current schedule sets a deadline of June 28 for depositions, with document and electronic discovery expected to be concluded by the end of July.

Other reports by Iphone Fresh

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