New York Daily News

Judges mull if they can jail Trump

- BY ELLA TORRES AND STEPHEN REX BROWN

Lock him up?

A panel of state appeals judges reluctantl­y wrestled Thursday with the prospect of having to jail President Trump should he refuse to comply with court orders in the case brought by former “Apprentice” contestant Summer Zervos.

The five judges on the mid-level Appellate Division are considerin­g an appeal by Trump of a lower court’s ruling that he is not entitled to presidenti­al immunity.

Zervos (photo) says Trump "kissed her on the mouth repeatedly" without consent and groped her in Beverly Hills in 2007. Her suit alleges that Trump defamed her by calling her a liar on the 2016 campaign trail after she went public with her allegation­s.

Her case raised a hypothetic­al question: What would happen if Trump refused to comply with an order to sit for a deposition?

“Are you saying we could order the President arrested? Incarcerat­ed?” Justice Angela Mazzarelli asked Zervos’ attorney, Mariann Wang.

Wang replied that she did not believe the case would ever reach that point.

But Trump’s attorney Marc Kasowitz said the judge was on to something.

“Can the President of the United States be held in contempt from a state court?” he asked.

“There’s no role for the state court,” he argued, maintainin­g that the state court had no authority over the President.

Trump’s argument appears to be a legal long shot given the 1997 Supreme Court decision that led to the impeachmen­t of Bill Clinton for lying about his affair with Monica Lewinsky.

In that case, the high court ruled that a sitting President is not immune from being sued in federal court for unofficial acts.

The appellate judges are expected to rule in the coming weeks on Trump’s claim of immunity.

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