Posted on 03/20/2018 12:28:50 PM PDT by heterosupremacist
President Trump must face a defamation lawsuit by a former contestant on his reality TV show “The Apprentice” after a Manhattan judge ruled in a first-of-its kind decision that he could not claim immunity through his job as the nation’s commander-in-chief.
“No one is above the law,” Justice Jennifer Schecter wrote in the 19-page decision released Tuesday.
Trump had argued that presidents are shielded from civil litigation in state courts under the US Constitution’s supremacy clause, but that assertion had never been fully tested by the courts — until now.
“It is settled that the President of the United States has no immunity and is ‘subject to the laws’ for purely private acts,” Justice Schecter added.
The decision means that Summer Zervos, who in 2016 accused then-candidate Trump of groping and pressing his privates against her in 2007, can pursue her defamation case against the president for saying that her allegations were “fiction” and claiming she made them up for “personal gain...”
(Excerpt) Read more at nypost.com ...
Actually, it was Season 5, the series in NY before they moved to L.A. Here’s how Wkipedia descries Summer in the first episode:
https://en.wikipedia.org/wiki/The_Apprentice_(U.S._season_5)
“*Reasons for loss: Summer’s attitude was questionable, practically giving up during the task and making only one phone call while she was supposed to make as many as possible, claiming that she could not call the local businesses and restaurants during their dinner rush. She also demonstrated a lack of confidence in her team’s ability to win before the boardroom, even though they only lost by 3 memberships. Duffle bags were also misrepresented as gift bags, which had nothing inside them and were given away for free (instead of an exchange for a new membership), as declared by Tarek to Carolyn during the task.
*Sent to boardroom: Tarek, Summer, Lenny, Lee.
*Firing verdict: Trump noted how Lee and Lenny were laughing at Tarek’s bad decisions, especially the fact that he continued to defend the empty gift bags as being a good idea. He also couldn’t get Tarek to give any reasonable cause for Lee and Lenny to even be in the final boardroom, vindicating them. However, Summer suddenly interrupted Trump, which brought the attention back to her. Although Trump openly stated he was “ready to practically” fire Tarek, Summer continued her attempt to defend him, which caused Trump to lose his patience and, given Summer’s lack of judgement and little contributions in the task, he decided to fire Summer instead without any hesitation. Despite Tarek’s poor performance as project manager, it was deduced that Summer’s poor boardroom logic, unsatisfactory performance, and bad attitude made her the obvious choice to be fired.
*Fired: Summer Zervos – for having a terrible attitude, doing little to help her team throughout the task and for her interjections in the boardroom.”
These folks sure are busy constructing their own gallows. Gloria All-Red included.
So a point in the Establishment's favor is its tireless work ethic. :)
thank you. two points well taken and right on point.
In reading the clinton v. jones ruling, the court never made a distinction on the type of civil suit. Breyer only indicated that it might be different if the suit would interfere with the President’s ability to perform his duties under the Constitution.
SCOTUS specifically addressed their opinion to federal courts and specifically mentioned that they will not address whether a claim comparable to petitioner’s assertion of immunity might succeed in a state tribunal.
Since almost all defamation cases are in state courts, I’m guessing this will again end up with SCOTUS.
Thanks again...
It is not “settled” in spite of what the Manhattan judge says.
The case will go to the SCOTUS, and there Trump’s legal position will prevail.
After he is out of office is another matter, but given what she is really after ($$$$$) and that she can’t hurt Trump politically when he is out of office, there will, when Trump is no longer President, be a quick settlement for an undisclosed amount she would lose if she revealed the amount.
That was 11 years ago. What’s the statute of limitations?
i couldn’t find anything about WHO appointed this judge.
As a political matter, most conservatives are highly motivated ideologically; they will hold their noses and vote the party line because they understand that big issues are at stake. But these constant stories are killing the GOP with independent and swing voters, who find Trump repulsive and embarrassing. And they will demoralize conservative voters and depress turnout even among the Republican base, while firing up the Democrats, who are in full hate mode.
Well, we debated that during the primaries, and Trump won. We will now pay the piper.
The Democrats will throw money at any woman who is willing to come forward, and the MSM will relentlessly press the allegations. I hope I'm wrong, but I wonder how long Melania will stick around.
I haven't given up. Never have, never will. We must do our best to make the election about anything other than DJT's personal behavior. But with the press all-in on the other side, I'm not optimistic about our chances of steering the discussion.
Well, that's a joke considering the top law enforcement officials in the US let Hillary off the hook for all of her crimes by altering evidence and 302s.
Time to cue the three laughing-their-asses-off guys:
Thanks MarvinStinson.
Seriously, We Do Not Care.
They have to be or else every President is going to go broke defending themselves against civil suits.
Wasn’t this idea litigated during JFK’s presidency? I vaguely remember him being able to postpone a law suit until after he finished office (which of course never happened)
I bet this judge gets overruled
Get your 15 minutes in the lights while you can!!!!!
well, I want to bring suit v. O, because he stole my cocaine when I was on a White Hut tour...
wanna argue with me?? I’m going to court!
/s
“this is the bimbo who claimed she went to Trump’s hotel room, he hugged her hello, she freaked out but stayed, and then got mad that he wouldn’t take her to dinner and offered her half a ham sandwich instead, which she ate while begging for money, which he didn’t give her.”
NB: crazy!
If this is let to happen, every President from now on will spend full time defending meritless civil suits intended to distract him from executing policy.
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You’r right. This type of crap is what drove Sarah Palin out of office as Alaska Governor. The ‘RATS and others opposed to her efforts to eliminate corruption filed never ending series of lawsuits.
The ‘RATS (and never-Trumpers) would love to see this same thing happen to Trump. LET’S STOP THIS NOW.
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