New York Daily News

EX-‘APPRENTICE’ CAN’T SUE, TRUMP SAYS:

- BY STEPHEN REX BROWN

A FORMER contestant of “The Apprentice” can’t pursue her suit against President Trump — because he’s the President, Trump’s lawyer argued Tuesday.

In a Manhattan Supreme Court filing invoking a notorious case pitting Bill Clinton against Paula Jones, Trump attorney Marc Kasowitz contended Summer Zervos must put her defamation lawsuit against the President on hold while he runs the country.

Kasowitz argued that the Supremacy Clause of the Constituti­on “immunizes the President from being sued in state court while in office.”

The clause declares that federal law is the supreme law of the land. But Kasowitz argues it also leaves open a question of whether litigation in state court can be brought against the commander-in-chief.

“President Trump intends to file a motion to dismiss the complaint ... and/or a motion to stay this action until the end of his Presidency on the crucial constituti­onal grounds that this Court lacks authority to adjudicate Zervos’ claim under, among other things, the Supremacy Clause of the United States Constituti­on,” Kasowitz wrote.

Zervos, who appeared on the fifth season of “The Apprentice,” sued Trump in January, three days before he was sworn in as President. She alleged he smeared her as a liar while on the campaign trail after she went public with allegation­s he “kissed her on the mouth repeatedly” without consent, “touched her breast” and “pressed his genitals up against her” during meetings in 2007.

Trump countered that “every woman lied” when they came forward during the campaign with allegation­s of harassment against him. He said they were looking for “10 minutes of fame.”

Trump’s attorney argued that the “crucial threshold issue” of whether a sitting president can be sued in state court was raised but not decided in the Supreme Court when it considered whether a sexual harassment lawsuit brought by Paula Jones against then-President Bill Clinton could proceed while he was in office.

The landmark 1997 decision by the Supreme Court determined that a President is not above the law and must respond to a lawsuit like any other citizen. That suit lead to Clinton’s impeachmen­t for lying under oath about his affair with White House intern Monica Lewinsky.

Despite the ruling, Kasowitz argued questions remain about state lawsuits.

Constituti­onal law expert Floyd Abrams said the Supreme Court decision represente­d a strong precedent.

“I think the courts will rule the President is subject to the same laws of general applicatio­n as the rest of us and that the notion of an all-encompassi­ng immunity for him is unacceptab­le in a democratic society,” Abrams said.

Zervos’ attorney, Gloria Allred, agreed.

“The United States Supreme Court addressed this legal immunity issue in Clinton v. Jones and determined unanimousl­y that no man is above the law and that includes the President of the United States,” she said. “We look forward to arguing this issue in court.”

“The Apprentice” contestant Summer Zervos, who alleges Donald Trump groped her in 2007, may not get her day in court as long as Trump is the President if his legal argument holds up.

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