Trump fails to stop lawsuit for sexual advances

Trump fails to stop lawsuit for sexual advances

A state appeals court in NY has refused to stay a defamation lawsuit against President Donald Trump by former Apprentice contestant Summer Zervos.

"Upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is ordered that the motion is denied", the order from the Appellate Division of the New York Supreme Court read.

Zervos has said those denials amounted to defamation and that diners avoided her restaurant after she was branded a liar.

As noted by CNN, the appeal was made on March 20 by Trump's lawyer, Marc Kasowitz, who asked the appellate court to determine what would constitute immunity for a president who is now in office, as indicated on the Constitution's Supremacy Clause. Since Trump has yet to do that, and since courts continue to rule in Zervos's favor, the suit continues to be one of many hanging over the president's head.

Merits of the case aside, Thursday wasn't the best day for the Trump team in the Summer Zervos defamation lawsuit. It could open him up to discovery in the case, although he could also file further appeals to try to delay proceedings.

Trump's attorneys have said that his remarks were "non-defamatory opinions" and that a private citizen can't sue a sitting president in a state court.

The president's lawyers sought to stay the case while they worked on an appeal of a judge's ruling earlier this year that the lawsuit brought by Summer Zervos could proceed. Kasowitz wrote in an emailed statement that it was "completely and unjustifiably contrary to the stays the courts uniformly granted when deciding whether a lawsuit against President Clinton could proceed in federal court".

"We look forward to proving Ms. Zervos' claim that [Trump] lied when he maliciously attacked her for reporting his sexually abusive behavior", Wang said in a statement. A December 2017 report from NBC News noted that Zervos is asking for $2,914 in damages and an apology from Trump.

The attorneys have issued a subpoena for any unaired "Apprentice" footage that features Zervos or Trump talking about her or discussing other female contestants in a sexual or inappropriate way.

Back in March, Judge Jennifer Schechter with the Manhattan Supreme Court shut down Trump's bid to avoid suit by claiming immunity.

The decision means Zervos' lawyers can proceed with demands that the president give a deposition and turn over documents. The suit says Trump's remark, which he transmitted via tweet, suggests Daniels "fabricated the crime and the existence of the assailant, both of which are prohibited under NY law". The palace has not revealed any details about Thomas Markle's health issues, but the celebrity website TMZ says the 73-year-old retired Hollywood cinematographer is hospitalized in California after undergoing a procedure to clear blocked coronary arteries.

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