Can POTUS Be Sued? Trump Foundation Lawsuit May Hinge On Ruling In Zervos Case
By Allegra Kirkland
October 25, 2018 12:14 pm
The New York judge overseeing a lawsuit alleging that the Donald J. Trump Foundation served as a “personal piggybank” for the President issued no ruling at a Thursday hearing on the Trump team’s motion to dismiss the suit. But Judge Saliann Scarpulla seemed to suggest that the allegations laid out in the New York Attorney General’s lawsuit were legally sufficient for the case to move forward.
“The allegations are what they are. Until you deny them, I accept them,” Scarpulla told Trump Foundation attorney Alan Futerfas.
Towards the end of the more than hour-long hearing, the judge signaled that she may delay her decision on the motion to dismiss until a decision is reached in a separate defamation lawsuit against Trump. Arguments were heard last week before a New York appeals court in the case of Summer Zervos, who claims Trump disparaged her after she went public with allegations that he made unwanted sexual advances towards her while she was a contestant on his reality TV show “The Apprentice.”
Scarpulla said that the Zervos case, which hinges on whether a lawsuit can be brought against a sitting president, may affect parts of the Trump Foundation case.
https://talkingpointsmemo.com/muckraker/judge-issues-no-ruling-in-trump-foundation-case
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So, she said, “We’ll see what happens in Trump versus Zervos.”
“If the [appeals court] says that Clinton versus Jones is still good law, then this case will continue,” Scarpulla added. The Supreme Court’s 1997 decision in Jones allowed a federal civil lawsuit to proceed against President Clinton while he was in office.
The bulk of the hearing, held in a crowded, overheated second-story courtroom in lower Manhattan, focused on the Trump Foundation lawsuit itself, with a good deal of back and forth between Scarpulla and Futerfas on whether it was premature to consider the merits of the case.
As the judge repeatedly told Trump’s attorney, at this point in the proceedings, she has to “accept the allegations” presented by the attorney general as fact.
The fDumpster team keeps forgetting about the Jones vs Clinton lawsuit.......................he only hires the best................
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