Trump accuser wins court battle
NEW YORK — A New York state judge has ruled that a defamation lawsuit brought by a woman who has said Donald Trump made unwanted sexual advances can go forward, raising the possibility of a public airing of other allegations of sexual misconduct against the president.
The decision by Justice Jennifer Schecter of state Supreme Court in Manhattan paves the way for lawyers to seek depositions from women who accused Trump of sexual harassment before he was elected and to subpoena Trump campaign records related to them.
Schecter rejected Trump’s argument that a state court has no jurisdiction over a sitting president. She cited a Supreme Court ruling that allowed Paula Jones to bring a sexual harassment suit against President Bill Clinton.
“It is settled that the president of the United States has no immunity and is ‘subject to the laws’ for purely private acts,” Schecter wrote.
The plaintiff, Summer Zervos, was a contestant on Trump’s show “The Apprentice.” She said Trump defamed her during the campaign by repeatedly describing her accounts, and those of other accusers, as “total lies” and “made-up nonsense to steal the election” — potentially for fame or financial gain.
Lawyer Marc Kasowitz argued that Trump’s comments amounted to political speech protected by the First Amendment, and that Zervos was not held up to the level of ridicule or contempt necessary to prove defamation.
Meanwhile, a former Playboy model who said she had an affair with Trump is seeking to invalidate an agreement that prohibited her from discussing it.
Karen McDougal filed suit Tuesday in McDougal Los Angeles against the company that owns the National Enquirer. The suit alleges McDougal was paid $150,000 during the campaign for the rights to her story, but the story never ran.
McDougal’s suit alleges Trump attorney Michael Cohen was secretly involved in her talks with American Media Inc., whose CEO is a friend of Trump’s. American Media has said it didn’t find McDougal’s account credible and paid her to write fitness columns.
The White House has said Trump denies the affair.