Trump's lawyers file a lawsuit they call & # 039; politically motivated & # 039; by accuser of...

Trump's lawyers file a lawsuit they call & # 039; politically motivated & # 039; by accuser of... https://i0.wp.com/www.eresviral.com/wp-content/uploads/2018/10/Los-abogados-de-Trump-entablan-una-demanda-a-la-que-llaman-amp-039-motivado-políticamente-amp-039-por-acusador-de-agresión-sexual.jpg?fit=195%2C146&ssl=1

Trump's lawyers file a lawsuit they call & # 039; politically motivated & # 039; by accuser of sexual assault







New arrival from a victory in the president Donald TrumpIn the ongoing legal battle with adult movie star Stormy Daniels, his lawyers will be in a New York appeals court on Thursday afternoon for another defamation lawsuit, this one from Summer Zervos, a former participant in the reality show. Trump, who alleges that he groped for her and kissed her without his consent in 2007.





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Zervos sued Trump in New York state court last year, alleging that he defamed her on 18 separate occasions during the final weeks of the 2016 presidential campaign, after she and more than a dozen other women made the allegations public. of unwanted sexual advances by Trump.



"All the women lied when they showed up to damage my campaign, the total fabrication," Trump said at a rally in the October 2016 campaign in Pennsylvania. "The events never happened. Never. All these liars will be sued after the choice it's over."



The president's lawyers hope to convince a panel of judges on Thursday to dismiss Zervos' lawsuit, arguing in court appearances before the hearing that the "no merit" and "politically motivated" lawsuit should be rejected or, alternatively, delayed until Trump retires. office. They cite the Supremacy Clause of the Constitution of the United States, which states that federal law is the supreme law of the land, to argue that Trump is immune from civil actions in state courts.



"[T]The problem is whether state courts have the authority to exercise jurisdiction over an incumbent president, "wrote Trump's lawyer Marc Kasowitz. "They do not."





Susan Walsh / AP, ARCHIVE
President Donald Trump walks toward Marine One in the south garden of the White House, June 1, 2018.

"This action, like any other action against the president in any of the thousands of state courts across the country, must be rejected or, at a minimum, suspended during his term," Kasowitz wrote.



That argument failed with the trial judge overseeing the Zervos case, who earlier this year rejected Trump's immunity request and wrote that "no man is above the law."



"Nothing in the Supremacy Clause of the Constitution of the United States suggests that the president can not be called to account in a state court for misconduct unrelated to any responsibility of the federal executive," Judge Jennifer Schecter wrote in a March opinion.



Schecter's decision also ruled out Trump's claim that his comments about the campaign's path amounted to heated political rhetoric in response to accusations by Zervos and the other women who came before the election.



"The defendant's statements about the plaintiff's veracity were made when he was campaigning to become president of the United States, not making them less actionable," Schecter wrote.



But Kasowitz argues in a filing before the appeals court that Schecter's decision was wrong, stating that all of Trump's statements about the women's allegations "involved a political discourse on, among other things, the qualifications of Trump, protected by the First Amendment. "



Similar arguments found success for Trump earlier this week, when a federal court in California dismissed a defamation lawsuit against the president of Stormy Daniels, whose legal name is Stephanie Clifford. US District Court Judge S. James Otero ruled on Monday that a tweet that Trump sent earlier this year questioning Daniels' credibility was a constitutionally protected speech because it amounted to a "rhetorical hyperbole typically associated with politics and public discourse in the United States. "



Although Otero's ruling came after the parties filed their briefs before the New York Court of Appeals, it is likely to appear in the oral arguments of the Trump team before the panel.





Andrew Kelly / Reuters, ARCHIVE
In this photo file, Summer Zervos, former contestant of The Apprentice, leaves the New York State Supreme Court with attorney Gloria Allred (R) after a hearing on the defamation case against President Donald Trump in the city of New York, on December 5, 2017.

Mariann Wang, Zervos' lawyer, argues that Trump and his lawyers have been trying to turn the case around to solve something it is not.



"This case is not about a solid political debate," Wang wrote in a presentation to the appeals court.



"Ms. Zervos came forward to inform the details of [Trump’s] unwanted sexual battery only after he repeatedly publicly lied about his behavior, "Wang wrote," and, far from simply denying his report, [Trump] Then he used his international bully pulpit affirmatively to attack her. No case defends the proposition that politicians have a free pass to defame citizens who criticize them. "



On the Zervos dispute is the unanimous opinion of the US Supreme Court. UU From 1997 that allowed for a sexual harassment lawsuit filed by former Arkansas state employee, Paula Jones, against President Bill Clinton to proceed in federal court.



Both sides in the Zervos case have hooked their arguments to the elements of Jones' decision to support their respective positions.



Wang says in court documents that the Jones case "provides a powerful persuasive authority" to reject Trump's arguments that defending the lawsuit would waste an excessive amount of time and impede his ability to do his job.



"That is precisely the objective assertion that President Clinton made in Jones," Wang wrote, "and the Supreme Court rejected it unanimously."



However, Trump's lawyers point out in their legal reports what they argue is a critical distinction: while the Zervos case was filed in a state court, the Jones case was filed in a federal court and referred to a dispute between two branches of the federal government.



The president's lawyers have stressed in their arguments that the Supreme Court's opinion in the Jones case, written by former judge John Paul Stevens, essentially punished the question of whether it would apply similarly to the immunity claims in civil suits filed in state courts.





NBC
Summer Zervos appears in an episode of the fifth season of "The Apprentice" that aired on February 27, 2006.

"Whether those concerns would present a more compelling case for immunity is a question that does not come up," Stevens wrote.



Stevens also pointed out that allowing the Jones case to move against Clinton would be "unlikely to take up a substantial amount" of his time.



That prediction turned out to be wildly out of place. Clinton's deposition in the case, along with the testimony of her grand jury focused on her relationship with Monica Lewinsky, eventually led to her impeachment in the House of Representatives.



In arguing to dismiss or delay the Zervos case, Trump's lawyers emphasized the consequences of that decision on Clinton's presidency.



"It is beyond a reasonable debate that a private action can take an excessive amount of time, derail an agenda and impede the ability to govern," Kasowitz wrote.



Kasowitz suggested in court hearings that the Zervos case will eventually make its way to the Supreme Court, which is now in full force with the recent confirmation of Judge Brett Kavanaugh, the second candidate of President Trump to sit in the superior court.



But the case, which is now in the process of discovery prior to trial in the trial court, will first have to work its way through the state court system, which could take several months or more. If Trump loses this round, the next step would be the New York Court of Appeals, the highest court in the state.



Zervos' legal team has issued summonses to the Trump campaign and to the Trump Organization requesting documents related to Trump's statements about her and other women who accused the president of sexual misconduct.



They are also looking for shots of the episodes of "The Apprentice" and records of the Beverly Hills Hotel, where Zervos alleges that Trump fumbled for her during what she thought was going to be a business meeting.



Zervos will ultimately seek to depose the president.



Next week a hearing on her motion is scheduled to force Trump and his campaign to provide documents and information about the other women who made their complaints public. Trump's lawyers have resisted the request, but Zervos' legal team maintains that the information is "important and necessary" for his case.

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