Lawyers: Trump too busy to face woman's defamation lawsuit

Gloria Allred Summer Zervos

The former Apprentice contestant who claims Donald Trump fondled her is suing President Trump, claiming he defamed her on the campaign trail when he said she and other women accusing him of sexual misconduct are lying.

Zervos says Trump "very aggressively" kissed her, groped her breasts and began "thrusting" his genitals at her during a meeting in The Beverly Hills Hotel.

"Ms. Zervos chose to come forward and speak publicly about her experience with Mr. Trump".

Her attorneys say they'll be flexible to work around Trump's schedule.

In September, Allred filed an opposition brief after Trump's attorneys' filed a motion to dismiss the case.

President Donald Trump's lawyers say he should be immune from a NY defamation lawsuit filed by a former contestant on his reality TV show "The Apprentice" in part because he's too busy and important.

The hour-long hearing was held in New York State Supreme Court in Manhattan, where Zervos's lawyers responded that there was no legal precedent preventing a state court from ruling on the conduct of a president outside his official duties. Under the Supremacy Clause, he said, "a state court may not exercise jurisdiction over the president of the United States while he or she is in office".

Trump's lawyers have said that Clinton v. Jones only applies to lawsuits in federal courts, not state courts.

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She said at the time since Trump hadn't issued a retraction, she was left with no other alternative than to sue him "in order to vindicate my reputation". "In doing so, he used his national and worldwide bully pulpit to make false factual statements to denigrate and verbally attack Ms. Zervos and the other women who publicly reported his sexual assaults in October 2016", Zervos' lawsuit stated.

"We can certainly ensure that we take a deposition down at Mar-a-Largo in between his playing golf", Wang quipped.

Trump has said the comments amounted to "locker room banter", and his campaign issued a statement in which he apologized if anyone was offended.

Zervos was sacked during a dramatic boardroom confrontation on Season 5 of The Apprentice in 2006. She said they met and he kissed her on the lips and asked for her phone number. Wang said that the proposition that Zervos came forward for 15 minutes of fame was "provably false", and that statements how Zervos was making things up were accompanied by Zervos' picture, meaning it'd meet the "of and concerning" prong of a defamation claim. Allred, a Democratic activist, says she's had no contact with Hillary Clinton about the lawsuit. An attorney for Zervos, Marian Wong, said the person holding the office of president is not above the law.

Trump's lawyers say the case can't go forward while he's president because he's too busy and important.

Among the exhibits filed in the case: a dozen screenshots of Trump's Twitter pages calling the claims made up.

"Donald Trump lied again, and again, and again, and again, and again". It's fake, it's made-up stuff. "That happens in the world of politics".

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