The judges consider that the power of the state court over Trump in the lawsuit
The judges consider that the power of the state court over Trump in the lawsuit
Judges of the appeals court weighing president Donald TrumpThe attempt to close a defamation suit from a former "Apprentice" against him is asking a hypothetical question: Could a New York Does the court order that the president go to jail if he had to pay an order in the case?
The question arose, but it was not answered definitively, as Trump's lawyers and former competitor Summer Zervos argued on Thursday in a New York appeals court.
Zervos sued Trump for calling her a liar after she accused him of kissing and groping in two incidents in 2007. Trump's lawyers try to get the case dismissed or delayed until after his presidency.
Thursday's court session focused on one of the central arguments of Trump's legal team: that an incumbent president can not be sued in a state court for conduct outside of official duties. He did a discussion largely on constitutional clauses and legal interpretation.
But the judges of the Appellate Division of the state Supreme Court, Peter Tom and Angela Mazzarelli, had some theoretical questions on practical issues: Could a president be taken to a municipal small claims court? Or imprisoned by a state judge who could arrest the commander-in-chief for contempt of court after an order was dismissed?
Trump's lawyer, Marc Kasowitz, suggested that the contempt question helped prove his point.
"I think there's something that really says about that argument," he said.
Zervos' attorney, Mariann Wang, said the hypothetical scenario is unlikely to occur and that the Constitution does not protect a president from state court suits for unofficial behavior.
"The president is not above the law, he is still a human being," he said.
The appeals panel filled in the questions from both sides and, as usual, did not issue a decision immediately.
The Supreme Court of the USA UU It ruled in 1997 that then-President Bill Clinton was not immune from a federal lawsuit for sexual harassment in connection with an alleged encounter with an employee of the state of Arkansas when he was governor. But the higher court did not resolve the question of whether a president could be sued in a state court for unofficial conduct.
During that lawsuit, Clinton was charged with contempt of court for providing what a federal judge said was a misleading testimony during a deposition, a pre-trial interrogation session under oath. Clinton was fined more than $ 90,000.
Zervos, a restaurateur from California, was watching the court audience, sitting forward in his seat while Wang argued his case. Outside the court, Zervos did not comment on the case, but asked the public to contribute to a GoFundMe page to help pay their lawyers.
"They have worked very hard and they have not been paid until now," he said.
Zervos appeared in "The Apprentice" in 2006, when Trump was the presenter of the reality show. She says that she met him twice the following year, seeking advice for her career, but receiving unwelcome kisses and gropes.
According to his lawsuit, he did not address the meetings publicly for years because he thought they were isolated episodes of misconduct by a businessman he admired. She made public her claim after a recording of Trump's "Access Hollywood" surfaced in October 2016, boasting that they were groping about women.
Trump, then the Republican presidential candidate, denied Zervos' claims and retweeted a message calling them "a hoax."
He also launched news on Twitter and rally against all more than more than a dozen women who addressed the sexual misconduct claims against him during that same time, and called them "liars" as "totally invented nonsense to steal the election ", among other comments. .
Zervos' lawyers say her comments were objective falsehoods that subjected her to threats and made her lose her restaurant's business. Trump's lawyers say that his comments were opinions that he was entitled to freely express in the course of the policy.
Zervos is seeking a retraction, an apology and compensatory and punitive damages. Like Trump, she is a Republican.
Both parties have continued to gather evidence while awaiting the decision of the appellate court on whether the case can continue, and have been running counter to the scope of the documents that must be presented to each other.
A Manhattan court is ready to hear arguments on those issues next week.
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