Tuesday, August 21, 2018

And in other Trump lawsuits today...

It was a hard day to be newsworthy.
On a consequential day in the presidency of Donald Trump, including news that his former campaign chairman Paul Manafort was found guilty of bank and tax fraud and his former personal attorney Michael Cohen pled guilty to violating campaign finance laws by paying hush money to women, Apprentice season five contestant Summer Zervos has told a New York judge that Trump is refusing to produce documents or information concerning his sexual conduct towards women.

[...]

Right around the exact moment that Cohen appeared in federal court and said he paid women hush money at Trump's direction, Zervos was submitting her own bid for more information in state court.

[...]

Zervos sued Trump in January 2017 just days before Trump took his oath of office. She alleges that Trump defamed her during the 2016 presidential campaign by denying her accusations of a decade-old sexual assault with a tweet how it was "100% fabricated and made-up." On Tuesday, Zervos' attorneys asked a New York state judge to order Trump to comply with discovery requests.

[...]

"The discovery Ms. Zervos seeks concerning other women who have reported Defendant’s illicit sexual conduct is discoverable for several reasons," writes Zervos attorney Mariann Wang in court papers. "It is relevant to rebutting Defendant’s defense that the defamatory statements were substantially true as a whole. It is relevant to Defendant’s pattern of behavior with respect to luring women under false pretenses and intentionally subjecting them to sudden sexual contact. It is relevant to proving both that Defendant made his defamatory statements with common-law malice, such that Plaintiff is entitled to punitive damages, and that Defendant acted with actual malice, which Defendant contends (incorrectly; but that is for the Court to decide later) is necessary for there to be liability. And it is relevant to Defendant’s credibility."

  Hollywood Reporter
He has none.
Trump looked to head off the legal battle by pointing to the Supremacy Clause of the U.S. Constitution and arguing he was immunized from being sued in state court while in office. At a hearing, Zervos' attorney pointed to Clinton v. Jones, where the Supreme Court ruled in 1996 that a sitting president can't escape private litigation, and promised to accommodate him. "We can certainly ensure that we take a deposition down at Mar-a-Lago in between his playing golf," said Wang.

In March, New York Supreme Court Judge Jennifer Schecter allowed the lawsuit to proceed and refused to stop discovery. "No one is above the law," she wrote.

Marc Kasowitz, attorney for Trump, attempted to get a New York appeals court to intervene, but those efforts were rebuffed, leading to the first round of the discovery fight.

[...]

Trump's lawyer will be filing responsive papers next month.
Trump's lawyer is going to be a very, very busy boy.

...but hey, do what you want...you will anyway.

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