The New York court said Trump’s argument that he was constitutionally protected in the United States was moot because he is no longer President of the United States.
Trump had argued that the US Constitution places him, as president, beyond the reach of state courts. The New York Court of Appeals said that argument was moot now that he was no longer in office.
Zervos, who claims Trump sexually assaulted her over a decade ago and then defamed her as a liar, said she would seek to swear Trump under oath in the case, one of the many legal threats the former president faces as he maps his political future. E. Jean Carroll, another accuser Trump called a liar, is also considering filing him in a libel suit.
Trump’s presidential immunity argument had previously been rejected by a trial judge. In March 2019, a Manhattan mid-court appeals court also ruled that Trump could be sued, saying in its ruling that a “president is always a person.” Trump then appealed to the state’s highest court.
In February, Zervos asked the court to dismiss the appeal after Trump lost his candidacy for re-election, and Trump did not contest the request.
Marc Kasowitz, Trump’s attorney, did not immediately return a call seeking comment.
The United States Supreme Court has already ruled in Clinton v. Jones in 1997 that presidents can be sued in federal court.
Zervos, who met Trump in hopes of getting a job after her TV appearance in 2005, sued Trump three days before he took office, accusing him of defaming her for denying his claim that he had groped and forcibly kissed her at Trump Tower. and in his bungalow at the Beverly Hills Hotel in California. Trump has repeatedly denied the allegations.