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Old 03-20-2018, 01:02 PM  
Fire Me Boy! Fire Me Boy! is offline
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Former ‘Apprentice’ contestant can sue Trump for defamation

https://nypost.com/2018/03/20/former...or-defamation/

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President Trump must face a defamation lawsuit by a former contestant on his reality TV show “The Apprentice” after a Manhattan judge ruled in a first-of-its kind decision that he could not claim immunity through his job as the nation’s commander-in-chief.

“No one is above the law,” Justice Jennifer Schecter wrote in the 19-page decision released Tuesday.

Trump had argued that presidents are shielded from civil litigation in state courts under the US Constitution’s supremacy clause, but that assertion had never been fully tested by the courts — until now.

“It is settled that the President of the United States has no immunity and is ‘subject to the laws’ for purely private acts,” Justice Schecter added.

The decision means that Summer Zervos, who in 2016 accused then-candidate Trump of groping and pressing his privates against her in 2007, can pursue her defamation case against the president for saying that her allegations were “fiction” and claiming she made them up for “personal gain.”

His comments could lead people to view the former reality TV star as “contemptible,” the judge wrote.

The ruling also means that Trump will likely have to sit for a deposition in the case as Justice Schecter said the suit has merit.

“His statements can be proven true or false, as they pertain to whether [Zervos] made up allegations to pursue her own agenda,” the judge said.

Trump’s attorney Marc Kasowitz had asked the judge to toss or delay the case until the president left office, arguing that “there can’t be any curtailment” on his duties.

“Thomas Jefferson made clear that the president’s responsibilities are 24/7, every single day no matter what he or she is doing,” Kasowitz said during oral argument in December.

But Justice Schecter said there’s “absolutely no authority for dismissing or staying the case.”

“In Clinton v Jones the United States Supreme Court held that a sitting president is not immune from being sued in federal court for unofficial acts,” Justice Schecter wrote, citing the sexual harassment suit that led to the 1998 impeachment of then-President Bill Clinton for lying under oath about his affair with White House intern Monica Lewinsky.

“It left open the question of whether concerns of federalism and comity compel a different conclusion for suits brought in state court. Because they do not, defendant’s motion to dismiss this case or hold it in abeyance is denied,” Justice Schecter ruled.

“Nothing in the Supremacy Clause of the United States Constitution even suggests that the president cannot be called to account before a state court for wrongful conduct that bears no relationship to any federal executive responsibility,” Justice Schecter found.

“Significantly, when unofficial conduct is at issue, there is no risk that a state will improperly encroach on powers given to the federal government by interfering with the manner in which the President performs federal functions,” she wrote.

But the judge said that “important federal responsibilities will take precedence” over the civil case.

Still, she said, “There are no compelling reasons for delaying plaintiff’s day in court.”
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Old 03-20-2018, 01:27 PM   #2
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Old 03-20-2018, 01:51 PM   #3
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A 19-page decision? That seems excessive.
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Old 03-20-2018, 01:51 PM   #4
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Old 03-20-2018, 01:54 PM   #5
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Holy cow. They're not going to bring Trump on for another season, that's for sure.
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Old 03-20-2018, 02:18 PM   #6
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Originally Posted by BucEyedPea View Post
Whoop-Dee-Doo! Who cares!
Says the woman who said she hoped Trump would grab her by the pussy. True story.

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Old 03-20-2018, 05:27 PM   #7
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Originally Posted by Lex Luthor View Post
Says the woman who said she hoped Trump would grab her by the pussy. True story.

I bet no chick wishes you'd do that.
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Old 03-20-2018, 05:29 PM   #8
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So is Donald Trump any less of a scumbag than Bill Clinton?
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Old 03-20-2018, 06:16 PM   #9
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Quote:
Originally Posted by penchief View Post
So is Donald Trump any less of a scumbag than Bill Clinton?
Yes. Clinton was accused of rape.


As to this nonstory, the only interesting thing is that she is actually claiming she was "defamed" by a person defending himself against her accusation. That's beyond lunacy. Defamation must besmirch a good reputation. What proof does she have she's got a good reputation or it was damaged?

"You assaulted me!"

No I didn't. You're making that up for personal gain.

"DEFAMATION!"
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Old 03-20-2018, 06:22 PM   #10
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Originally Posted by penchief View Post
So is Donald Trump any less of a scumbag than Bill Clinton?
Well, to my knowledge nobody who crossed Trump ever turned up conveniently dead over it, so there is that.
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Old 03-20-2018, 07:18 PM   #11
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Quote:
Originally Posted by Prison Bitch View Post
Yes. Clinton was accused of rape.





As to this nonstory, the only interesting thing is that she is actually claiming she was "defamed" by a person defending himself against her accusation. That's beyond lunacy. Defamation must besmirch a good reputation. What proof does she have she's got a good reputation or it was damaged?




"You assaulted me!"



No I didn't. You're making that up for personal gain.



"DEFAMATION!"


If she’s telling the truth, then Trump saying she’s lying for personal gain besmirched her character. And considering his exceptional megaphone, it’s a reasonable suit if she’s telling the truth

If Don is telling the truth, we’ll... the ultimate defense against defamation is the truth.
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Old 03-20-2018, 07:40 PM   #12
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Quote:
Originally Posted by Fire Me Boy! View Post
If she’s telling the truth, then Trump saying she’s lying for personal gain besmirched her character. And considering his exceptional megaphone, it’s a reasonable suit if she’s telling the truth

If Don is telling the truth, we’ll... the ultimate defense against defamation is the truth.
that's about as likely as saying "if whores won't suck for money"...
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Old 03-20-2018, 07:54 PM   #13
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Quote:
Originally Posted by Fire Me Boy! View Post
If she’s telling the truth, then Trump saying she’s lying for personal gain besmirched her character. And considering his exceptional megaphone, it’s a reasonable suit if she’s telling the truth

If Don is telling the truth, we’ll... the ultimate defense against defamation is the truth.
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Old 03-20-2018, 07:59 PM   #14
BucEyedPea BucEyedPea is offline
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Originally Posted by Titty Meat View Post
I bet no chick wishes you'd do that.
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Old 03-20-2018, 08:03 PM   #15
BucEyedPea BucEyedPea is offline
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Any lawyers in the house tonight?

My understanding of a defamation suit, is that she'd have to have lost employment or suffered some damages along those lines to have a case. It can't just be about her character being besmirched.

The event happened more than ten years ago but Trump saying it's false was during the campaign. So why did she only come forward during the campaign and not ten years or so ago? See, that's what makes it all look fishy. Like who paid her, to come forward at this time. Couldn't that be considered besmirching Trump to cost him a job?

I'd like to know more about the judge. Looks like a he said, she said and what are her damages for Trump denying it?
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