Summer season Zervos at a 2017 press convention in Los Angeles, the place her defamation lawsuit in opposition to Donald Trump was introduced.
Donald Trump’s authorized staff suffered a blow Thursday when a New York appellate courtroom rejected its efforts to get a defamation lawsuit in opposition to Trump dismissed. The civil go well with in opposition to Trump stems from former Apprentice contestant Summer season Zervos, who has accused Trump of sexually assaulting her in 2007. Make no mistake, Thursday’s ruling in opposition to Trump, who has repeatedly sought to dam the lawsuit, is a strike for the rule of regulation and the precept that nobody is above the regulation. Permitting Zervos’s lawsuit to proceed now opens up the likelihood that Trump may very well be deposed.
Trump’s attorneys had argued that the go well with couldn’t transfer ahead as a result of it could violate the Supremacy Clause—which elevates the Structure and federal legal guidelines over state legal guidelines—by interfering with Trump’s capacity to do his job. However the New York appeals courtroom stated the clause on no account grants Trump such immunity. Citing the 1997 Supreme Court docket ruling in opposition to then-President Invoice Clinton in civil litigation associated to Paula Jones’s sexual harassment accusations, the New York courtroom wrote:
Defendant’s studying of the Supremacy Clause — that it bars a state courtroom from exercising jurisdiction over him as a result of he’s the “final repository of the Government Department’s powers and is required by the Structure to be ‘all the time in perform’” -– finds no assist within the constitutional textual content or case regulation. Defendant’s interpretation conflicts with the elemental precept that america has a “authorities of legal guidelines and never of males” (Cooper v Aaron, 358 US 1, 23  [internal quotation marks omitted]). Regardless of the suggestion in his temporary that he’s the “embodi[ment of] the Government Department,” and although he’s tasked with vital obligations, the President continues to be an individual, 16 and he’s not above the regulation. […] Due to this fact, the Supremacy Clause doesn’t present blanket immunity to the President from having to defend in opposition to a civil damages motion in opposition to him in state courtroom.
Zervos’s legal professional Marianne Wang eagerly awaits the chance to show her consumer’s claims appropriate in a courtroom of regulation the place, as U.S. Decide Amy Berman Jackson famous Wednesday, “info nonetheless matter.”
“We sit up for proving to a jury that Ms. Zervos informed the reality about Defendant’s undesirable sexual groping and holding him accountable for his malicious lies,” Wang stated in an announcement.