A New York State Supreme Court justice on Thursday threw out a motion by President Trump asserting that he has “absolute immunity” in a defamation lawsuit brought by E. Jean Carroll.
Judge Verna L. Saunders ruled on Thursday that the lawsuit can move ahead without waiting on a state appellate court decision on another sexual assault suit by former “Apprentice” contestant Summer Zervos where a judge will decide whether state courts should defer litigation involving a sitting president until after he steps down.
This important ruling allows for the case to go forward without waiting for a decision from the appeals court. Trump’s lawyers argued unsuccessfully that the case should be delayed until he is no longer serving as president. They are making the same argument in the other case. Trump lost another decision earlier this year in another “Apprentice” related suit brought forth by a group of businessmen.
It also clears a path for Carroll’s attorneys to get a DNA sample from Trump. Carroll’s legal team seeks to compare the genetic material to some that was left on her clothing at the time of the incident, according to the allegations. They asked for the sample back in January of this year.
Carroll, claimed in her 2019 book “What Do We Need Men For?” that Trump sexually assaulted her in the dressing room of a Bergdorf Goodman department store in Manhattan in the mid-1990s. In November, she filed a lawsuit against the current POTUS.
Judge Saunders cited a recent decision by the U.S. Supreme Court, which ruled the president does not have immunity from local law enforcement and congressional investigators.
It is likely that Trump’s legal team will appeal again to try to reverse this ruling and avoid giving any of Trump’s DNA to any court or accuser. If they use the same arguments, it is likely they will fail in many legal expert’s opinions.
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