Published: Thu, December 07, 2017
Sports | By Ivan Ross

New York Judge Is Asked to Toss Defamation Suit Against Trump

New York Judge Is Asked to Toss Defamation Suit Against Trump

"We are alleging in the lawsuit that ... then-candidate Trump defamed our client and that that was an unofficial act that he committed prior to having been elected as president of the United States", Allred said.

The Statements - all of which were advanced during a heated political campaign to convince the public to vote for Mr. Trump, and many of which were published via Twitter -constitute non-actionable rhetoric and hyperbole that is protected by the First Amendment.
The president also has said that his denials did not subject Ms. Zervos or the other women to the ridicule or contempt necessary to prove defamation.

She thinks a NY state court is the ideal venue to hear a defamation claim against a "born and bred New Yorker", and stressed the overall holding in Clinton v. Jones as establishing that presidents can't claim immunity. Though that case was in federal court, three law professors have filed briefs arguing that the ruling could also be applied to state lawsuits.

Mariann Meier Wang, one of the lawyers representing Zervos, argued that the president could be sued under state law.

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Though the U.S. Supreme Court's decision in Clinton v. Jones established that a sitting president could be sued for private actions occurring before they take office, Trump's camp has argued that this case does not apply because it's being held in state rather than federal court. "It is also true that he is a human being who doesn't do his job 24 hours a day, seven days a week".

"So you will be flexible", the judge said. Regardless, Mr. Kasowitz has argued that the lawsuit should be dismissed as meritless.

In reaction to Zervos and other women, Trump described these groping tales as "100 percent fabricated and made-up charges, pushed strongly by the media and the Clinton campaign".

On Wednesday, Judge Jennifer Schecter heard arguments from Marc Kasowitz, one of the lawyers for the billionaire president, who is seeking dismissal of the case.

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Schecter reserved judgment on the motion and said she would rule at a later date. "I wanted to give Mr. Trump the opportunity to retract his false statements about me and the other women who came forward".

Zervos said that Trump's remarks on the tape made it clear to her that his behavior toward her was consistent with Trump's belief that he has a "right to sexually assault women". During the race, he dismissed his own comments as "locker room talk".

She alleged that Mr Trump moved toward her aggressively during the encounter and touched her on the breast but she rebuffed him.

Ms. Zervos went public with her accusations on October 14, 2016.

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Summer Zervos speaks as her attorney Gloria Allred looks on during a news conference announcing the filing of a lawsuit against President-elect Donald Trump in Los Angeles, California, U.S., January 17, 2017.

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