Summer Zervos was on The Apprentice, the Reality show that was Trump’s Pre-Political Claim to Popular Fame. While she was on the show, she alleges, Trump Sexually Harassed and Assaulted her. Trump denied the Allegation, calling Zervos and other Women who Accused him of Sexual Harassment “liars.” So, Zervos Sued Trump for Defamation.
Trump’s Attorneys argued Initially that the President was merely expressing a Political Opinion and, moreover, can’t be Sued in State Court while in Office. They tried to Block Zervos’s Case. Having none of it, the New York Supreme Court let it Proceed. In a March Opinion, the Court noted, “No one is above the law.” Additional Trumpian Legal flailing in the forms of Appeals and Requests for Stays were Unavailing.
Zervos’s Attorney responded to these Shenanigans in May. We look forward to proving Ms. Zervos’s claim that Trump Lied when he maliciously Attacked her for Reporting his Sexually Abusive Behavior.
Indeed, the Big Threat to Trump isn’t the $3,000 in Damages Zervos is seeking but the Possibility that Discovery Exposes Damaging information about him. Zervos’s Team won’t just be seeking Written Responses, they’re doing that already), they’re aiming for a Deposition. Zervos has a much Stronger Case than Stormy Daniels ever did. While Trump issued just One potentially Defamatory Tweet about Daniels, he sent out more than a Dozen accusing Zervos and Contemporaneous Accusers of being Liars. It’s a lot harder to Dismiss that many Attacks.
Zervos’s Team is also emphasizing that Trump’s Actions against Zervos constituted Unofficial Conduct. And, unlike Daniels, Zervos hasn’t offered so much as a whiff of a suggestion that her Claim is Politically motivated. That finding was Critical in Daniels’s Case: Judge James Otero determined that Trump’s Response to Daniels wasn’t Out-of-Line in part because Trump must be able to Defend himself against Political Attacks.
One potential Roadblock: The Question of whether Zervos can proceed against Trump in State Court could go to the Supreme Court. But New York’s Judges so far seem Uninterested in this Argument and Unmoved by the claim that the Suit could somehow Interfere with Trump’s Official Duties.
New York Supreme Court Justice Jennifer G. Schecter has set a Deadline of Jan. 31st 2019 for Depositions. No doubt Trump’s going to try to get of being Deposed. But if the State Courts’ Responses to his Prior Maneuvers are any indication, he may well end up Facing a Choice between Forcing a Legal Crisis and giving a Deposition.
NYC Wins When Everyone Can Vote! Michael H. Drucker
