Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Miles Archer

(18,837 posts)
Tue May 22, 2018, 10:10 AM May 2018

Trump seeks delay in Summer Zervos' defamation lawsuit

Source: Reuters

In a filing on Monday, Trump told the state’s Court of Appeals that Summer Zervos’ lawsuit should be put on hold because a sitting U.S. president is immune from being sued in a state court during his term in the White House.

Zervos’ lawyer did not immediately respond on Tuesday to requests for comment.

Trump, who has denied Zervos’ allegations, is challenging a March 20 ruling by Justice Jennifer Schecter of the State Supreme Court in Manhattan allowing the case to proceed.

Saying “no one is above the law,” Schecter rejected Trump’s claim of immunity over private conduct predating his becoming president.

Read more: https://www.reuters.com/article/us-usa-trump-apprentice-lawsuit/trump-seeks-delay-in-summer-zervos-defamation-lawsuit-idUSKCN1IN1RL?feedType=RSS&feedName=topNews&utm_source=twitter&utm_medium=Social

7 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

PoliticAverse

(26,366 posts)
5. "This Court need not address ... whether a claim ... might succeed in a state tribunal"
Tue May 22, 2018, 10:42 AM
May 2018

This lawsuit is in a state court. Clinton v. Jones was in a federal court.

From the ruling in Clinton v. Jones:

1. two important constitutional issues not encompassed within the questions presented by the certiorari petition: (1) whether a claim comparable to petitioner's assertion of immunity might succeed in a state tribunal,


“If this case were being heard in a state forum, instead of advancing a separation-of-powers argument, petitioner would presumably rely on federalism and comity concerns, as well as the interest in protecting federal officials from possible local prejudice that underlies the authority to remove certain cases brought against federal officers from a state to a federal court,” wrote Justice John Paul Stevens. “Whether those concerns would present a more compelling case for immunity is a question that is not before us.”


https://www.law.cornell.edu/supct/html/95-1853.ZS.html
 

beachbum bob

(10,437 posts)
7. the essence is issues that occur before a person is actually a federal official
Tue May 22, 2018, 12:09 PM
May 2018

no protection under any federal statute that I know of that grants a temporary relief from lawsuits filed or crimes committed (whether federal or in state courts) when the person was a private person

 

PaulX2

(2,032 posts)
4. But The Donald Is Special
Tue May 22, 2018, 10:27 AM
May 2018

He never has to pay for this crimes, or misdeeds. I mean more than $130,000.

This is what happens when you live in a banana republic.

 

Sophia4

(3,515 posts)
6. A court could find that Trump could be indicted for conduct that occurred before
Tue May 22, 2018, 10:43 AM
May 2018

he became president.

I have wondered about that.

If a sitting president cannot be indicted for, say a rape, or theft or taking bribes before he or she became president, then really, that president is above the law.

There could be serious repercussions for our country if we should elect a president who had a secret serious criminal past -- say someone we all know. Say money-laundering or fraud of the criminal kind. We really don't want a person with a criminal past in the White House representing our country around the world. That would undermine the confidence that the rest of the world has in us.

Latest Discussions»Latest Breaking News»Trump seeks delay in Summ...