A defamation lawsuit against President Trump filed by a former “Apprentice” contestant who accused him of groping her may advance, according to a New York appellate court ruling Thursday.
Summer Zervos, who appeared on “The Apprentice” in 2005, said Trump kissed her without her consent and groped her on a separate occasion in 2007. She and other women made their allegations against Trump publicly shortly before Election Day 2016. After Trump dismissed her allegations, she filed a defamation lawsuit against Trump in 2017.
Although Trump’s legal team has attempted to block the lawsuit and claimed that the Constitution’s Supremacy Clause prevents lawsuits in state courts against sitting presidents, New York appellate judges pointed to the U.S. Supreme Court’s ruling in Clinton v. Jones that determined sitting presidents can be sued for unofficial acts.
“Contrary to defendant’s contention, Clinton v. Jones did not suggest that its reasoning would not apply to state court actions. It merely identified a potential constitutional concern,” the judges wrote. “Notwithstanding that concern, this Court should not be deterred from holding that a state court can exercise jurisdiction over the President as a defendant in a civil lawsuit.”
An attorney for Trump said they will appeal the decision. In contrast, Zervos’ legal team applauded the ruling.
“The case has proceeded in the trial court and discovery continues,” Zervos’ attorney Mariann Wang said in a statement. “We look forward to proving to a jury that Ms. Zervos told the truth about Defendant’s unwanted sexual groping and holding him accountable for his malicious lies.”
Trump has denied Zervos’ allegations of sexual misconduct against him.