https://law.justia.com/cases/new-york/appellate-division-first-department/2019/150522-17-7610.html Ordinarily the President being embroiled in an on-going sexual harassment suit would be big news. Our Donald, however, is in his own right such a shit show that this barely made the news. critical excerpts from defendant's appeal of the lower court decision in Zervos v. Trump to the Supreme Court, NY County, follow... see the link for the entire opinion and details of the legal arguments. " RENWICK, J.P. This case raises a constitutional issue of first impression: whether the Supremacy Clause of the United States Constitution requires a state court to defer litigation of a defamation action against a sitting President until his terms end. ... This defamation lawsuit was commenced by Summer Zervos, a former contestant on the "Apprentice," a reality show starring defendant Donald Trump. Plaintiff alleges that in 2016, when defendant was a Presidential candidate, he wrongly smeared her by claiming that her allegations of sexual misconduct against him were lies. ... October 14, 2016, plaintiff held a press conference to recount two separate incidents in which defendant had made unwanted sexual advances towards her. The first incident allegedly occurred when she met with defendant at his New York office in 2007, where he kissed her on the lips upon her arrival, and after stating that he would love to have her work for him, kissed her on the lips again as she was about to leave. The kisses made her feel "very nervous and embarrassed" and "upset." ... second encounter occurred soon thereafter. Ms. Zervos went to meet defendant for dinner at a restaurant in the Beverly Hills Hotel. Instead, she was escorted to his bungalow, where he kissed her "open mouthed," "grabbed her shoulder, again kissing her very aggressively, and placed his hand on her breast." After she pulled back and walked away, defendant took her hand, led her into the bedroom, and when she walked out, turned her around and suggested that they "lay down and watch some telly telly." He embraced her, and after she pushed him away, he "began to press his genitals against her, trying to kiss her again." She "attempt[ed] to make it clear that [she] was not interested" and insisted that she had come to have dinner. They had dinner, which ended abruptly when defendant stated that he needed to go to bed. Later that week, plaintiff, who was seeking a position in the Trump Organization, was offered a job at half the salary that she had been seeking. Plaintiff called defendant and told him that she "was upset, because it felt like she was being penalized for not sleeping with him." Plaintiff concluded her press statement by stating that after hearing the released audiotape and defendant's denials during [*3]the debate, "I felt that I had to speak out about your behavior. You do not have the right to treat women as sexual objects just because you are a star." The audiotape referred to by plaintiff had been released a week earlier. On October 7, 2016, during the 2016 United States presidential election, the Washington Post published a video and accompanying article about then-presidential candidate Donald Trump and television host Billy Bush having an extremely lewd conversation about women in 2005. Trump and Bush were in a bus on their way to film an episode of Access Hollywood. In the video, defendant described his attempt to seduce a married woman and indicated he might start kissing a woman that he and Bush were about to meet. He added, "I don't even wait. And when you're a star, they let you do it. You can do anything. Grab them by the pussy. You can do anything." Several hours after plaintiff's press conference, defendant posted on his campaign the following statement: "To be clear, I never met her at a hotel or greeted her inappropriately a decade ago. That is not who I am as a person, and it is not how I've conducted my life." Between October 14, 2016 and October 22, 2016, defendant, on Twitter, at campaign rallies, and at a presidential debate, made additional statements in response to plaintiff's allegations and other women's claims of sexual misconduct, including, "These allegations are 100% false. . . . They are made up, they never happened. . . . It's not hard to find a small handful of people willing to make false smears for personal fame, who knows maybe for financial reasons, political purposes"; "Nothing ever happened with any of these women. Totally made up nonsense to steal the election"; these were "false allegations and outright lies, in an effort to elect Hillary Clinton President. . . . On January 17, 2017, plaintiff commenced this action against defendant who in November 2016 had been elected President of the United States. Plaintiff alleged that the above statements by defendant were false and defamatory, and that defendant made them "knowing they were false and/or with reckless disregard for their truth or falsity."... ... Defendant moved to dismiss the complaint... ... The motion court denied defendant's motion in its entirety... ... This appeal ensued. We now affirm... ... Accordingly, where, as here, purely unofficial pre-Presidential conduct is at issue, we find, consistent with Clinton v Jones, that a court does not impede the President's execution of his official duties by the mere exercise of jurisdiction over him. ... Plaintiff has established that the defamation claim has the requisite "minimal merit" (Grenier v Taylor, 34 Cal App 4th 471, 480 [2014]). Accordingly, the order of the Supreme Court, New York County (Jennifer G. Schecter, J.), entered March 21, 2018, which denied defendant's motion to dismiss the defamation complaint or in the alternative to stay the action, and denied his special motion to strike the complaint under California's anti-SLAAP statute, should be affirmed, without costs. Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered March 21, 2018, affirmed, without costs. Opinion by Renwick, J.P. All concur except Tom and Mazzarelli, JJ. who dissent in part in an Opinion by Mazzarelli, J. Renwick, J.P., Tom, Mazzarelli, Webber, Kern, JJ. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: MARCH 14, 2019 "
Just imagine how conservatives would have reacted if President Obama,a black man,would have had over 50 of these types of allegations.Conservatives give Trump a 90% approval rating though.
I was just watching the new Watchmen series and I think I know. One of those things you hear about in your life but slip from memory as they seem too unreal.
Do you mean to tell me Stormy Daniels didnt take Trump down? The Stormy Daniels 60 Minutes interview was supposed to be the end of Trump. What happened?
Whereas Clinton was impeached and tried over lying about consensual sex between Adults, Donald says he could shoot someone in broad daylight on Fifth avenue and no one would care. He might be right. He and his administration are riddled with corruption and lying; yet 2 people out of 5 are indifferent. Or worse yet, they think he is doing great. That's where the real danger for this country lies.
Bill Clinton lied to the American people and lied under oath which is called perjury and it is a serious crime. He also obstructed justice by trying to cover it up. Bill Clinton continued to lie about it until it was reveled that there was a blue dress worn by Lewinski that had Bill Clinton's baby batter all over it. DNA testing was conducted and it turned out to in fact by Bill Clinton's baby batter. Lets not try to re-write history Piezoe, we all know what happened.