Trump's team plans to appeal 'Apprentice' ruling

Summer Zervos who appeared on the NBC reality show in 2006 filed a lawsuit against Trump alleging that he defamed her during the presidential campaign after slamming her sexual harassment complaints as

The 3-to-2 ruling by the NY appellate court 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.

The decision means that President Trump may have to sit for a sworn deposition, which is now scheduled for June.

But the court ruled on Thursday that the case will move forward, finding that Trump's argument that a sitting president can not be sued in state court "conflicts with the fundamental principle that the United States has a 'government of laws and not of men'". On one occasion, she claimed that Trump groped her in a hotel, even after she tried to push him away.

Ms Zervos has repeatedly accused Mr Trump of kissing her against her will at a 2007 meeting in NY, and later groping her at a Beverly Hills hotel.

President Trump had argued that the case should be postponed until he is out of office because of immunity that he has as a president. It prompted Zervos to then file the suit.

She came forward in October 2016, the month before Trump was elected, after an "Access Hollywood" recording showed Trump speaking in vulgar terms about women.

He called the women "liars" trying to harm his campaign with "100 percent fabricated" stories, and he retweeted a message specifically calling Zervos" claim "a hoax'.

The two dissenting judges said the lawsuit would interfere with Trump's job as president, and should wait until he left office.

Kasowitz said in a statement on Thursday that the team "respectfully" disagrees with the majority decision in New York's Appellate Division and expects to prevail upon appeal in a higher court.

In the lawsuit, Zervos alleged that Trump "wrongly smeared her" and subjected her to threats by claiming that the accusations of sexual misconduct and harassment were lies.

The judge then added that the Supreme Court said in reference to the Jones case,"The Supreme Court also considered that '[i] f Congress deems it appropriate to afford the President stronger protection, it may respond with appropriate legislation'".

That paved the way for Mr Clinton's impeachment the following year.

All five justices found Zervos' defamation claim legally sufficient, without ruling on its merits. In a June 2018 lawsuit, the Attorney General claimed the foundation was operated as a "shell corporation that functioned as a checkbook" for Mr. Trump, his campaign and businesses.

That lawsuit was dismissed on March 7.

Zervos appeared on "The Apprentice" in 2006, when Trump was the reality show's host.

"We are very pleased that the First Department has affirmed once again that (Trump) 'is not above the law, '" Wang said in a statement Thursday.

Lawyers for Trump had argued that the "Supremacy Clause" of the US Constitution "immunized the President from being sued in state court while in office".

Zervos is seeking a retraction, an apology, and compensatory and punitive damages.

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