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Trump fails to end 'Apprentice' contestant's lawsuit

Trump fails to end 'Apprentice' contestant's lawsuit

Former "Apprentice" contestant Summer Zervos' defamation suit against Donald Trump can move forward, an appellate court has ruled. "We reject defendant President Trump's argument that the Supremacy Clause of the United States Constitution prevents a New York State court - and every other state court in the country - from exercising its authority under its state constitution".

Donald Trump's efforts to get a defamation lawsuit thrown away have been dismissed by an appellate court in NY, which officially rejected the idea that a sitting president can not be sued in state court.

The decision may allow Zervos' lawyers to question Trump under oath about whether he defamed her by calling her a liar after she accused him of sexual misconduct. She had claimed that Trump kissed her twice on the lips during a 2007 meeting at his office, and then he kissed and groped her the next time she saw him at a hotel where she had gone to join him for dinner.

A NY appeals court has ruled that President Donald Trump isn't immune from a defamation lawsuit filed by a former "Apprentice" contestant who accused him of unwanted kissing and groping.

Justice Dianne Renwick noted that "the President is still a person, and he is not above the law" after the Appellate Division in Manhattan said the U.S. Constitution did not strip state courts of power to decide cases arising under state constitutions.

In addition, according to Bragg, other cases were stalled in anticipation of the Zervos decision, including one by the New York State Attorney General against the Donald J. Trump Foundation.

"We find that the supremacy clause was never meant to deprive a state court of its authority to decide cases and controversies under the state's constitution", the court said in an opinion by Dianne Renwick.

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Trump has denied Zervos' claims and called her case politically motivated.

Ironically, they cited the Supreme Court's ruling of Clinton v. Jones, which decided the president could be sued in office relating to unofficial acts that have nothing to do with his role as president.

In dismissing the Daniels case, U.S. District Judge S. James Otero wrote that Daniels had presented herself as Trump's "political adversary" and that Trump's "rhetorical hyperbole" was protected speech.

That paved the way for Mr Clinton's impeachment the following year. "Since there is no federal law conflicting with or displacing this defamation action, the Supremacy Clause does not provide a basis for immunizing the President from state court civil damages actions".

Zervos appeared on "The Apprentice" in 2006, when Trump was the reality show's host. Trump claims that Zervos made numerous attempts to contact him and seek employment even after the alleged sexual harassment occurred.

"We are very pleased that the First Department has affirmed once again that Defendant is not above the law", Zervos' attorney Mariann Wang said in a statement.