A NY appeals court on Thursday rejected a request from President Donald Trump to stay proceedings in a defamation suit filed by a former contestant on "The Apprentice" who has claimed that he sexually harassed her.
With just four sentences, the appellate court rejected Kasowitz's appeal in its decision, concluding, "Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is ordered that the motion is denied". "I've suffered terribly as a result of defendant's (Trump's) lies and attacks upon me", she said in a sworn statement.
Trump's attorneys at Kasowitz Benson Torres in turn sought a stay of the case, insisting that the Supremacy Clause of the U.S. Constitution and the president's Article II responsibilities protect him from prosecution.
It's a victory for Summer Zervos, who appeared on The Apprentice in 2005.
The motion means that discovery, or the gathering of evidence, can continue in the case.
Zervos was one of almost a dozen women who came forward during the 2016 presidential race to accuse Trump of sexual misconduct. A Manhattan judge denied the request in March, saying "no one is above the law". "It is also completely and unjustifiably contrary to the stays the courts uniformly granted when deciding whether a lawsuit against President Clinton could proceed in federal court". She said, "It is settled that the president of the United States has no immunity and is "subject to the laws" for purely private acts".
A NY court says former "Apprentice" contestant Summer Zervos can proceed with her defamation lawsuit against President Donald Trump, at least for now.
Trump now has until next week to file a response to Zervos' complaint and the Trump's legal team has until the end of the month to respond to a broad subpoena that seeks records related to Zervos and other women who have made misconduct allegations against Trump prior to the election. A December 2017 report from NBC News noted that Zervos is asking for $2,914 in damages and an apology from Trump. The trial judge, Gillers said, will have to decide whether to allow a Trump deposition and under what conditions, which could require Zervos' lawyers to issue written questions. Allred said at the time that her withdrawal had "nothing to do with the merits of [Zervos'] case against President Trump".
Zervos' attorneys Gloria Allred (who withdrew from the case in March) and Mariann Wang praised the appellate court decision. The suit says Trump's remark, which he transmitted via tweet, suggests Daniels "fabricated the crime and the existence of the assailant, both of which are prohibited under NY law".
Another option open to Trump, he said, would be to offer to settle the case.