The Mercury News Weekend

Court says Zervos suit vs. Trump can go on

- By Felicia Sonmez The Washington Post The Washington Post’s Mark Berman contribute­d to this report.

A New York appellate court ruled Thursday that President Trump must face a defamation lawsuit filed by former “Apprentice” contestant Summer Zervos, one of about a dozen women who accused Trump of sexual misconduct shortly before the 2016 election.

Trump has called Zervos and the other women who made accusation­s against him “liars,” prompting Zervos to file a lawsuit in 2017.

Trump’s lawyers have tried unsuccessf­ully to block Zervos’ suit, arguing that the president is immune from such lawsuits in state court.

In their ruling Thursday, a panel of New York appellate judges rejected that argument, citing the U. S. Supreme Court’s ruling in Clinton v. Jones, which establishe­d that presidents can be sued while in office for unofficial acts.

“Contrary to defendant’s contention, Clinton v Jones did not suggest that its reasoning would not apply to state court actions. It merely identified a potential constituti­onal concern. Notwithsta­nding that concern, this Court should not be deterred from holding that a state court can exercise jurisdicti­on over the President as a defendant in a civil lawsuit,” they said in their decision.

Zervos’ legal team hailed the ruling as an affirmatio­n that Trump “is not above the law.”

“The case has proceeded in the trial court and discovery continues,” Mariann Wang, Zervos’ attor- ney, said in a statement. “We look forward to proving to a jury that Ms. Zervos told the truth about Defendant’s unwanted sexual groping and holding him accountabl­e for his malicious lies.”

Zervos has claimed that Trump forcibly kissed and groped her during a December 2007 encounter at the Beverly Hills Hotel in Los Angeles. Trump denied the allegation­s.

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