May 17, 2018, 2:54 PM ET

Trump's motion to freeze Summer Zervos' defamation suit denied by appellate court

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An appellate court in New York on Thursday denied President Trump’s attempt to put a defamation lawsuit on hold as he continues to seek to have the case, brought by a former contestant on “The Apprentice,” dismissed.

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It’s a victory for Summer Zervos, who appeared on The Apprentice in 2005. She has claimed Trump kissed her twice on the lips in 2007 in his New York office and groped her breast at a Beverly Hills Hotel.

Zervos filed the defamation suit at the start of 2017, three days before Donald Trump assumed the presidency, alleging that he made defamatory statements about her on the campaign trail where he repeatedly accused her and other women who made similar allegations of lying.

PHOTO: Summer Zervos, a former contestant on The Apprentice, is embraced by lawyer Gloria Allred while speaking about allegations of sexual misconduct against Donald Trump during a news conference in Los Angeles, Oct. 14, 2016.Kevork Djansezian/Reuters
Summer Zervos, a former contestant on "The Apprentice," is embraced by lawyer Gloria Allred while speaking about allegations of sexual misconduct against Donald Trump during a news conference in Los Angeles, Oct. 14, 2016.

Trump had sought to stay the case while he pursued his appeal but, without explanation, the judges said, “The motion is denied.”

Trump now has until next week to file a response to Zervos’ complaint and the Trump's legal team has until the end of the month to respond to a broad subpoena that seeks records related to Zervos and other women who have made misconduct allegations against Trump prior to the election.

“We look forward to proving Ms. Zervos’ claim that Defendant lied when he maliciously attacked her for reporting his sexually abusive behavior,” Zervos’ attorney Mariann Wang said in a statement.

Trump could try again for a stay with the New York State Court of Appeals. Otherwise, Wang has said she is prepared to take a deposition from Trump when his presidential calendar is clear.

PHOTO: Summer Zervos, who is suing President Donald Trump in a defamation lawsuit, leaves Manhattan Supreme Court after a hearing in New York, Dec. 5, 2017.Kathy Willens/AP
Summer Zervos, who is suing President Donald Trump in a defamation lawsuit, leaves Manhattan Supreme Court after a hearing in New York, Dec. 5, 2017.

“We can take a deposition down to Mar-a-Lago in between him going to play golf,” Wang said during a hearing last December in reference to the president’s golf resort.

Marc Kasowitz, the president's counsel, said in a statement that the case is what the U.S. Supreme "has called an 'important' and unresolved constitutional issue -- whether the Supremacy Clause of the United States Constitution bars a state court lawsuit against the President of the United States during his or her term in office."

PHOTO: President Donald Trump speaks during a meeting with California leaders and public officials who oppose Californias sanctuary policies in the Cabinet Room of the White House, May 16, 2018.Olivier Douliery-Pool/Getty Images
President Donald Trump speaks during a meeting with California leaders and public officials who oppose California's sanctuary policies in the Cabinet Room of the White House, May 16, 2018.

"Respectfully, the Appellate Division’s order denying a stay of the case pending the resolution of this key issue is incorrect," the statement read. "It is also completely and unjustifiably contrary to the stays the courts uniformly granted when deciding whether a lawsuit against President Clinton could proceed in federal court.

"There is no valid reason in this case -- in which plaintiff is seeking merely $3,000 in damages, and which plaintiff’s counsel has repeatedly insisted was brought for political purposes -- for the Court not to grant the requested stay in order to take the time to first decide the threshold Constitutional issue that is at stake," the statement continued.

Meanwhile, Joseph Cammarata, the Washington D.C. attorney who represented former Arkansas state employee Paula Jones -- who sued President Bill Clinton for sexual harassment -- said the case would not be a "pleasant exercise for President Trump."

"This case is going forward," he said. "He will be questioned under oath about his encounter with Summer Zervos, about his encounters with other women that he may have had a relationship with, fleeting or otherwise.

"He's going to be asked about his denials," Cammarata continued. "Anything surrounding Summer Zervos, his denials, his relationships with other women, that's all going to be fair game.”

News - Trump's motion to freeze Summer Zervos' defamation suit denied by appellate court

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  • whitepine

    This is the man , what 30 percent, want us to support as President? Look how many Republicans are standing by this man.

  • s DAN

    Hard to explain why when your lawyer later admit it happened then you also admit it after denying it on TV and documents seized from your former attorney collaborates what the women are saying.......

  • tj

    It looks like dear leader may be heading to court; too bad prison doesn't follow.

  • Thomas

    Clinton v. Jones, 520 U.S. 681 (1997)

    Sitting President of the United States has no immunity from civil law litigation, in federal court, against him or her, for acts done before taking office and unrelated to the office.

  • John Smith

    Trump is a scumbag and Evangelist love him. If this isn't a sign we are living in an altered universe I don't know what is.

  • baxterboy

    I don't understand why all this is going on.

    President Trump was quite clear when he declared that his "star" status allows him to do whatever he wants to women.

    Doesn't this lady know this!!!

    Case closed.

  • Cagey-B

    Meanwhile, Joseph Cammarata, the Washington D.C. attorney who represented former Arkansas state employee Paula Jones -- who sued President Bill Clinton for sexual harassment -- said the case would not be a "pleasant exercise for President Trump."
    ________________________________________________________
    Unpleasant for our Fearless Leader? Perish the thought! So unfair. So unfair, and sad!
    I harbor no illusions that this, or any other scandal Trump has allegedly been party to, will be the straw that broke the camel's back.
    Trump's entire business career has been built around forestalling any day of reckoning.
    Ask all the people and businesses he's stiffed.

  • This Guy

    the Trumpkin

  • Dicazi

    Trump's talked about wanting to relax the slander and libel laws so he could sue the media.
    Shoe's on the other foot now, and he's whining.

  • YouMayBanMeButYouCan'tBanIdeas

    Where is Trump's lawsuit against the 20+ women who accused him of sexual misconduct? Trump promised this and he always keeps his promises, so the problem must obviously be elsewhere.

  • Joe Mac Pherson

    What an exhausting, tumultuous, mind staggering, scandalous year this was for Republicans holding official, political titles!! And it's only MAY!!

  • Lilium Inter Spinas

    Not a speck of light is showing
    So the danger must be growing
    Are the fires of Hell a-glowing
    Is the grisly reaper mowing

    Yes, the danger must be growing
    For the rowers keep on rowing
    And they’re certainly not showing
    Any signs that they are slowing

  • quasi_anyon

    Little Donny John and Pagan Pence, the very worst of humanity. One day this country will awake and realize the horrible nature of these two sub-humans. In November, the millinials will redeem themselves and throw these two under the bus, only to become impotent politicians. Then we can make America really great!!!

  • Sharon Vaughn

    Sorry, Mr. President, but you are not above the law, and you cannot buy your way out of this with hush money from your lawyer.

  • Retired and Happy

    He has only the best lawyers--hahaha.

  • helicohunter

    Does anyone believe that Rump DIDN'T do those things? I guess he didn't pay her enough to go away.

  • lou g

    Ugh! Lawyer Gloria Allred sure knows how to find women to sue rich or famous men.

  • fmd160

    Trump just keeps losing and losing, not winning! Bad for him, good for the Country.

  • YouMayBanMeButYouCan'tBanIdeas

    “We can take a deposition down to Mar-a-Lago in between him going to play golf,” Wang said

    Then you'll never get it, because Trump said he won't have time to play golf when he's president. He'll be spending all his time working for the American people.

    Oh, wait...

  • Uwe Bott

    Let us all hope for Trump's conviction and for gaudy golden handcuffs to entangle his orange wrists. He and all members of his family should be jailed for life!!!

  • MauiOhana808

    donnie is the most unethical, untruthful, unfaithful, un-American, unforgiving, unapologetic, undermining, un-presidental
    person to EVER hold the office!..........
    REMEMBER TO VOTE IN NOVEMBER PEOPLE!!!!
    Make America Happy Again!!!!
    The Blue Tsunami is coming to a town near your!!!
    Aloha :^D

  • Saul Panblanco

    Charles Kushner is an American real estate developer. He founded Kushner Companies in 1985. In 2005, he was convicted of illegal campaign contributions, tax evasion, and witness tampering, and served time in federal prison. Wikipedia

  • ROBOTIX JONES

    Most corrupt and immoral president in American history.

  • Nala

    he's in soooooo much trouble

  • Tegbessou Géléhéso

    Something is rotten in Bismarck ....

  • Dave Earl

    I was thinking, what a shame.

    But don’t you think all of the women that Trump has bullied over the years should have their chance to face him down?

  • SGNH

    Remember, Donald, Clinton's testimony in the Paula Jones deposition got him impeached. Make sure you tell the truth. Or do you even know what truth is?

  • arlecchino

    Best part about all the law suits, a third of all GOP campaign contributions go to pay trump's legal bills vs
    helping GOP candidates, and when the man gets out office and he will, he will have to use a lot of
    his own $$$.

  • Art Hegewald

    Well, well Trump under oath, ain’t that somethin’. Can anybody spell “perjury”?

  • gillian

    According to all the news reports, Donald has done just about everyone wearing a skirt and paid them off - why not just pay of Summer?

  • Pro-Marx

    Summer? Stormy? Trump doesn't believe in climate change, but he does believe in fondling girls with meteorological names.

  • cptUSAG

    Nobody believes trump exhibits normal behavior.

    There is a cancer in the White House and it's trump

  • B-K KnightRider

    I wonder if now Trump regrets lying about how he would never have time to play golf or to even leave the WH because he would be working so much.