Trump, deemed not 'above the law,' must face defamation lawsuit

By Jonathan Stempel and Brendan Pierson

 

FILE PHOTO: Summer Zervos, a former contestant on The Apprentice, appears in New York State Supreme Court during a hearing on a defamation case against U.S. President Donald Trump in Manhattan, New York, U.S., December 5, 2017. Barry Williams/Pool via Reuters/File Photo

 

NEW YORK (Reuters) - A New York state judge on Tuesday said U.S. President Donald Trump must face a defamation lawsuit by a woman who accused him of sexually harassing her after she appeared on his former reality TV show.

 

The decision by Justice Jennifer Schecter of the New York state court in Manhattan in favour of California restaurateur Summer Zervos, a former contestant on NBC's "The Apprentice," raises the prospect that Trump might have to answer embarrassing questions in court about his behaviour towards women.

 

She rejected Trump's claim that he was immune from being sued, finding "absolutely no authority" to dismiss litigation related "purely to unofficial conduct" solely because he occupied the White House.

 

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

 

A White House representative was not immediately available for comment on the ruling.

 

Mariann Wang, one of Zervos' lawyers, said in a statement: "We are grateful for the opportunity to prove that that defendant falsely branded Ms. Zervos a phony for telling the truth about his unwanted sexual groping."

 

Trump has been accused by several women of misconduct, including after the release during the 2016 presidential campaign of an "Access Hollywood" recording in which he had spoken in vulgar terms about trying to have sex with women.

 

He later said the comments were "locker room banter" and his campaign issued an apology from him if anyone was offended.

 

Trump also faces a lawsuit by porn actress Stormy Daniels to end an agreement under which she was paid $130,000 in what she called hush money to keep quiet about an affair she claimed to have had with Trump beginning in 2006.

 

Also on Tuesday, Karen McDougal, a former Playboy model who said she had an affair with Trump, filed suit in California to release her from a legal agreement requiring her to stay silent.

 

TRUMP BRANDED ALLEGATIONS "LIES"

 

Zervos had met Trump when she became a contestant on "The Apprentice" in 2005. She accused him of kissing her against her will at his New York office in 2007, and later groping her in a Beverly Hills hotel at a meeting about a possible job.

 

During his campaign, Trump repeatedly said at rallies and on Twitter that all accusations made by women after the "Access Hollywood" recording became public were "lies."

 

He also republished on Twitter another a post that called Zervos' accusations a "hoax."

 

Zervos said Trump's denials of her accusations amounted to defamation and that being branded a "liar" caused diners to stay away from her restaurant. Her lawsuit sought damages and an apology.

 

In allowing Zervos' case to go forward, Schecter cited a 1997 U.S. Supreme Court precedent allowing former Arkansas state employee Paula Jones to pursue a sexual harassment case against then-President Bill Clinton to proceed. That paved the way for Clinton's impeachment the following year.

 

Trump's legal team had argued the Jones decision applied only to federal courts and that Trump's campaign statements were political speech protected by the U.S. Constitution's First Amendment.

 

But the judge said any listener, recognising that Trump knew "exactly what transpired," could reasonably believe based on his statements that Zervos was "contemptible" because she had "fabricated" events for personal gain.

 

"In their context, defendant's repeated statements ... cannot be characterized simply as opinion, heated rhetoric or hyperbole," Schecter wrote.

 

The case is Zervos v Trump, New York State Supreme Court, New York County, No. 150522/2017.

 

(Reporting By Brendan Pierson in New York; Editing by Ben Klayman and Bill Trott)

 

-- © Copyright Reuters 2018-03-21

I have some (some!) sympathy for men in their 70's (yes, even Trump) or older regarding their attitudes towards women. Simply put, they grew up and had their formative years in a different era, and our formative years tend to stay with us all our lives.

 

However, while I would be willing to 'cut some slack' to a man at that age, Trump acts like an obnoxious, arrogant pig rather than someone who doesn't quite 'get it'.

 

Sue his ass off. And all the other women out there harmed by Trump, you sue his ass off as well.

 

36 minutes ago, webfact said:

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

clearly she is not from thailand; given the guy's borderline bizarre behavior, am betting he is guilty; she, claimant, has big brass ones for suing a sitting president

Maybe could arrange for trial days to be on weekends when Trump isn't "working"...

"Hey, Friday through Monday are my golf dates! This is cruel and unusual punishment!"

Trump sure has been a busy little perv.  We've got a porn star, Playboy playmate, contestant on the Apprentice...all this while married to his 3rd wife.  And this on top of dozens of other allegations of sexual deviance including pedo tendencies.  How can any true Christian respect this scumbag? 

This is the beginning of the end of democracy in the USA.

 

The precedent is being set. The opposition will drag POTUS through the courts - no matter which side he's on and make a mockery of the presidency.

 

All this stuff should go on hold till after the presidency. You can bet your bottom dollar the Repubs will do the same to the next democrat president. It'll get worse & worse.

4 minutes ago, pedro01 said:

This is the beginning of the end of democracy in the USA.

 

The precedent is being set. The opposition will drag POTUS through the courts - no matter which side he's on and make a mockery of the presidency.

 

All this stuff should go on hold till after the presidency. You can bet your bottom dollar the Repubs will do the same to the next democrat president. It'll get worse & worse.

 

Most people only say they care about democracy when the other party is in power. They're less interested when their own party is in power. What people care about most is that their own opinions are validated by whatever means necessary.

Edited March 21, 20188 yr by lannarebirth

1 minute ago, pedro01 said:

This is the beginning of the end of democracy in the USA.

 

The precedent is being set. The opposition will drag POTUS through the courts - no matter which side he's on and make a mockery of the presidency.

 

All this stuff should go on hold till after the presidency. You can bet your bottom dollar the Repubs will do the same to the next democrat president. It'll get worse & worse.

Come on, the Republicans did the same to Obama for eight years.  The problem was they had nothing on Obama.  The dude was squeaky clean.  So they had to make up sht.  Not necessary with Trump.  The dirtbag has so many skeletons in his closet that it was just a matter of time. 

14 minutes ago, Berkshire said:

How can any true Christian respect this scumbag? 

 

Why do you say that ?? Is it only Christians that have morals !!

2 minutes ago, pedro01 said:

This is the beginning of the end of democracy in the USA.

 

The precedent is being set. The opposition will drag POTUS through the courts - no matter which side he's on and make a mockery of the presidency.

 

All this stuff should go on hold till after the presidency. You can bet your bottom dollar the Repubs will do the same to the next democrat president. It'll get worse & worse.

Well we can always hope that after this fiasco of the Orange One,  future voters will not elect such an obviously unfit individual to the highest office in the land, so your concerns should not be warranted 

1 minute ago, cornishcarlos said:

 

Why do you say that ?? Is it only Christians that have morals !!

Because they live their life wrapped around the gospel....and criticize others who don't.  You can't claim to represent "family values" and do the exact opposite.  It's called HYPOCRISY. 

Trump in his own words...needless to say, he hasn't sued anyone (Stormy Daniels is more of a contract-enforcement issue.)

 

 

Edited March 21, 20188 yr by mtls2005

3 hours ago, webfact said:

Trump, deemed not 'above the law,' must face defamation lawsuit

He who lives by the lawsuit, shall perish by the lawsuit. 

2 hours ago, YetAnother said:

clearly she is not from thailand; given the guy's borderline bizarre behavior, am betting he is guilty; she, claimant, has big brass ones for suing a sitting president

Are you insinuating she's a transgender ? She might sue you to soon ........

I am no Trump fan but calling someone a phony hardy rises to the level of defamation

as far as I am concerned. Sue him for sexual harassment fine, defamation, a stretch for me.

9 minutes ago, Ulic said:

I am no Trump fan but calling someone a phony hardy rises to the level of defamation

as far as I am concerned. Sue him for sexual harassment fine, defamation, a stretch for me.

 

 

I confess to not being able to keep up with All the President's Women, but suspect that one approach to voiding an NDA or "Catch and Kill" might be to show that the defendant (Trump/David Dennison) has lied (by defamation) about the plaintiff? After all, Trump has threatened to sue every one of his accusers for lying. Goose/gander?

3 hours ago, Samui Bodoh said:

I have some (some!) sympathy for men in their 70's (yes, even Trump) or older regarding their attitudes towards women. Simply put, they grew up and had their formative years in a different era, and our formative years tend to stay with us all our lives.

 

However, while I would be willing to 'cut some slack' to a man at that age, Trump acts like an obnoxious, arrogant pig rather than someone who doesn't quite 'get it'.

 

Sue his ass off. And all the other women out there harmed by Trump, you sue his ass off as well.

 

Absolute naivety. I am 73, I was brought-up to respect women and not to just treat them as sexual objects. I know not where you come from, but lack of respect for women has been the hallmark of cretins since time began.

3 hours ago, YetAnother said:

clearly she is not from thailand; given the guy's borderline bizarre behavior, am betting he is guilty; she, claimant, has big brass ones for suing a sitting president

I think it would be rather easy to get the funding to sue a sitting president like Trump. That, I am afraid, will end up being one of his defenses.

End of equal rights experiment?

3 hours ago, Berkshire said:

Come on, the Republicans did the same to Obama for eight years.  The problem was they had nothing on Obama.  The dude was squeaky clean.  So they had to make up sht.  Not necessary with Trump.  The dirtbag has so many skeletons in his closet that it was just a matter of time. 

So many that he has nowhere to hang his clothes. 

Is it just a matter of time that we'll see alleged adultery and/or sexual abuse disclosures during the Trump presidential campaign and after his election? His marriages don't seem to be any deterrence. Nor any moral compass.

 

"I will say this, and I think — I think a lot of people will confirm it. Nobody has more respect for women than I do — that I can tell you. Nobody." - Trump

https://www.washingtonpost.com/news/the-fix/wp/2017/03/08/21-times-donald-trump-has-assured-us-he-respects-women/?utm_term=.585dcfbe27cd

"I have tremendous respect for women and the many roles they serve that are vital to the fabric of our society and our economy." - Trump

https://www.washingtonpost.com/news/the-fix/wp/2017/03/08/21-times-donald-trump-has-assured-us-he-respects-women/?utm_term=.bd77d8fec865

So that role would be "servicing" Trump's desires?

 

Whatever it takes to get this big orange MISTAKE out of the white house works for me. 

4 hours ago, Ulic said:

I am no Trump fan but calling someone a phony hardy rises to the level of defamation

as far as I am concerned. Sue him for sexual harassment fine, defamation, a stretch for me.

Read the OP. Nothing about phony. About labeling her a liar for charging the pervert president for his sexual harassment and the damage it's caused her in her life. A perfectly legit lawsuit. As you would know if you knew this story, it's beyond the time she can go after him legally for sexual harassment. What she's doing now is her only possible legal option.

 

Cheers. 

Edited March 21, 20188 yr by Jingthing

1 hour ago, Jack Mountain said:

End of equal rights experiment?

What are you on about because I don't get the connection to this topic. 

9 hours ago, YetAnother said:

clearly she is not from thailand; given the guy's borderline bizarre behavior, am betting he is guilty; she, claimant, has big brass ones for suing a sitting president

I am sure she has a very impressive group of people behind her with deep pockets.  Anything that accelerates the demise of this moronic President is fine by me.

Trump has an unbeatable defense: insanity.

20 minutes ago, Mac98 said:

Trump has an unbeatable defense: insanity.

Nope. He's a stable genius. He said so himself!

8 hours ago, Berkshire said:

Trump sure has been a busy little perv.  We've got a porn star, Playboy playmate, contestant on the Apprentice...all this while married to his 3rd wife.  And this on top of dozens of other allegations of sexual deviance including pedo tendencies.  How can any true Christian respect this scumbag? 

 

And the equally bad or worse part of all this is, a lot of these allegations has surfaced in various forms PRIOR to the election (for anyone who was paying attention to the news) and enough (stupid) Americans still voted to elect this guy president.

 

Yet despite my country's electoral stupidity and Trump's current various efforts to dismantle the effective functioning of various federal agencies, it says something about the U.S. system of government that a sitting U.S. president can still be required to defend a personal (non-presidential) defamation lawsuit while in office.

 

Bravo to the judge!

 

8 hours ago, pedro01 said:

This is the beginning of the end of democracy in the USA.

 

The precedent is being set. The opposition will drag POTUS through the courts - no matter which side he's on and make a mockery of the presidency.

 

All this stuff should go on hold till after the presidency. You can bet your bottom dollar the Repubs will do the same to the next democrat president. It'll get worse & worse.

LOL where were you when  the Republicans were pursuing Clinton and  going after  any and everything?

Where were you when the Republicans, especially Trump were  harassing President Obama and pushing the lie that he was a foreigner? Bit late for you to have discovered your purity isn't it?  This is the way US politics have ALWAYS  been dating back to  the Washington era. 

14 minutes ago, Jingthing said:

Nope. He's a stable genius. He said so himself!

'Stable' genius? Yes, he's an expert at shoveling horse sh!t.