Politics: President Trump 'not above the law,' N.Y. appeals judges rule, ordering Summer Zervos defamation case go forward - PressFrom - US

PoliticsPresident Trump 'not above the law,' N.Y. appeals judges rule, ordering Summer Zervos defamation case go forward

18:50  14 march  2019
18:50  14 march  2019 Source:   nydailynews.com

Trump fails again in effort to duck 'Apprentice' defamation suit

Trump fails again in effort to duck 'Apprentice' defamation suit A New York appellate court on Thursday rejected President Donald Trump's attempt to block the defamation suit of an Orange County, Calif., woman who says he lied during the 2016 campaign about sexually assaulting her at the Beverly Hills Hotel. The court's 3-to-2 ruling enables Summer Zervos, a former contestant on "The Apprentice," to press forward toward a Manhattan trial of her allegation that Trump defamed her by branding her a liar in the weeks before he was elected president. Trump's legal team argued that the U.S. Constitution immunizes him from state court lawsuits arising from his private conduct before he took office.

The New York Court Appeals denied Donald Trump ’s motion to dismiss the Summer Zervos defamation lawsuit Trump ’s lawyers argued that state courts, where Zervos filed her lawsuit, don‘t have jurisdiction over a Schecter rejected that argument in March, saying “no one is above the law .”

Days after President Trump had one defamation lawsuit dismissed, his lawyers were back in court Thursday arguing to have another suit tossed out. In March, a trial court judge in New York ruled Ms. Zervos ’s case could go forward because his comments had nothing to do with his official duties.

President Trump 'not above the law,' N.Y. appeals judges rule, ordering Summer Zervos defamation case go forward© Pool/Getty / David McNew/Getty Images

A court has ruled President Trump is not above the law — again.

Three mid-level appeals judges wrote Thursday that President Trump is not immune from a defamation lawsuit filed by former "Apprentice" contestant Summer Zervos while he's in the Oval Office.

The 3-2 decision by a five-judge panel of the state’s Appellate Division First Department upholds a lower court’s ruling allowing Zervos’s case to proceed. The reality TV star alleges that Trump forced himself on her in two separate encounters in 2007. She charges that Trump smeared her during the 2016 presidential campaign by calling her a liar in search of fame.

Trump's New York legal problems finally hit home this week

Trump's New York legal problems finally hit home this week President Donald Trump’s legal woes are hitting closer to home. This week New York affirmed what’s been mere speculation until now: Law enforcement in the state, where Trump has long based his business, is starting civil and criminal investigations that are well beyond the president’s federal control. Those may lead to charges against people in his orbit, including his children, with crimes that he can’t pardon. They may also bog down his business operations. "These are things he can’t exert control over," said Mimi Rocah, a former federal prosecutor in the U.S. attorney’s office in Manhattan.

President Donald Trump 's attorney plans to appeal a New York Supreme Court judge 's decision to allow a defamation lawsuit against the President to go forward .

Summer Zervos leaves Manhattan supreme court on 5 December 2017. Donald Trump ’s lawyers will appear in a New York appeals court on Thursday probably to reiterate their arguments that presidential immunity insulates him from a state defamation lawsuit while in office.

Trump had argued he did not have to respond to the lawsuit filed in state court while in office.

“The current sitting President attempts to shield himself from consequences for his alleged unofficial misconduct by relying upon the constitutional protection of the Presidency. We reject defendant President Trump’s argument,” Judge Diane Renwick wrote for the five-judge panel.

“Though he is tasked with significant responsibilities, the President is still a person, and he is not above the law.”

Two judges dissented, arguing that Trump’s unique duties meant he should not have to respond to the lawsuit while president.

“The President should not be forced to defend this lawsuit while he is in office. Therefore, in my view the action should be stayed until such time as defendant no longer occupies the office of President of the United States,” Judge Angela Mazzarelli wrote.

Zervos' attorney Mariann Wang hailed the decision.

“We look forward to proving to a jury that Ms. Zervos told the truth about Defendant’s unwanted sexual groping and holding him accountable for his malicious lies,” Wang said.

Immigrants rejected for asylum may appeal removal orders, 9th Circuit rules.
A federal appeals court decided Thursday that immigrants who cross the border without authorization may go to court to appeal a decision by U.S. immigration authorities to deny them asylum. The decision, by a three-judge panel of the U.S. 9th Circuit Court of Appeals, could keep immigrants in the country for years while they challenge the government’s denial of asylum. The appeals court reached the decision after concluding that a 1996 federal law restricting appeals violated the Constitution. The case is likely to go to the U.S. Supreme Court.

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