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Judge Allows Former 'Apprentice' Contestant to Press Defamation Lawsuit Against Trump

Judge Allows Former 'Apprentice' Contestant to Press Defamation Lawsuit Against Trump

The other came after a NY court ruled that a former Apprentice contestant who accused Trump of groping her would be allowed to move forward with a defamation lawsuit against the president.

Zervos first made public her claims against Trump at an October 2016 news conference as one of a parade of women who accused him of misconduct after the release of an "Access Hollywood" recording capturing the future president boasting in graphic language about groping women.

"Nothing in the Supremacy Clause of the United States Constitution even suggests that the President can not be called to account before a state court for wrongful conduct that bears no relationship to any federal executive responsibility", the judge wrote.

The case is Zervos v. Trump, 150522/2017, New York Supreme Court, New York County (New York).

Adult film actress Stormy Daniels, whose real name is Stephanie Clifford, sued the president on March 6, stating that Mr Trump never signed an agreement for her to keep her quiet about an "intimate" extramarital relationship between them.

The President's team had no immediate comment on Tuesday. As Trump was under fire for his comments, Zervos came forward to accuse him of kissing her twice in 2007 and attacking her in a hotel room. Her lawsuit seeks an apology and at least $2,914.

Additionally, Schecter ruled that the lawsuit could proceed because Zervos has presented a defamation claim that could succeed if she is able to prove that Trump's statements about her are false.

Zervos said in a January 2017 lawsuit that Trump "ambushed" her and, among other things, pressed his genitals against her. "In Clinton v Jones the United States Supreme Court held that a sitting president is not immune from being sued in federal court for unofficial acts", she said.

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Summer Zervos, right, arrives at the New York County Criminal Court on December 5, 2017. It remains unclear, however, what information the documents contain and if they would show that Trump committed the acts of which Zervos and other women accused him.

"No one is above the law", the judge wrote.

"There are no compelling reasons for delaying plaintiff's day in court", Justice Schecter said.

Besides arguing the president could not be sued in state court under the Supremacy Clause, Mr. Trump's lawyer, Marc E. Kasowitz, had argued that Mr. Trump's comments about the women, made during a hard-fought election, amounted to political speech protected under the First Amendment.

Schecter cited litigation against President Bill Clinton in the 1990s in ruling in favor of Zervos on Tuesday.

John Diamond, a professor at the University of California Hastings College of the Law, said Trump would have to testify under oath if he has to defend himself.

Although Trump now must respond in court to the complaint, an immediate appeal is highly likely.

Daniels shared her story with InTouch magazine in 2011, but the interview was not published until the Wall Street Journal reported on the affair and payout earlier this year.

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