Trump Lawyers Push Back on Ex-'Apprentice' Contestant's Effort to Get Info About More Accusers
President Donald Trump is pushing back against an effort by a woman suing him for defamation for the president to produce information about other women who have accused him of sexual harassment, deriding it as a means to harass and distract him from his official duties.
September 17, 2018 at 03:23 PM
5 minute read
The original version of this story was published on New York Law Journal
Summer Zervos (right) with attorney Gloria Allred. Photo Credit: Mary Altaffer/AP
President Donald Trump is pushing back against an effort by a woman suing him for defamation for the president to produce information about other women who have accused him of sexual harassment, deriding it as a means to harass him and distract him from his official duties.
Summer Zervos, a former contestant on NBC's “The Apprentice” who appeared on the show when Trump was a host and who alleged Trump groped her in 2007, argued that information about a dozen other women who accused Trump of sexual misconduct is relevant to her defamation suit against the president because it might show patterns of behavior—namely that he lures women under false pretenses and subjects them to sudden sexual contact—and that he acted maliciously.
Zervos alleged Trump kissed her on the lips during a meeting at Trump Tower and that he subjected her to unwanted kissing and touching during a private meeting at a Beverly Hills hotel.
Zervos' suit centers on Trump's denials of Zervos' allegations—in one statement he said that he never met Zervos at the hotel where she said the groping occurred or “greeted her inappropriately.”
“That is not who I am as a person, and it is not how I've conducted my life,” Trump said, according to court papers.
Zervos said Trump defamed her by calling her a liar.
Trump “did not merely call Ms. Zervos a liar,” said Zervos' lawyers in a motion to compel. “He insisted unequivocally that he had never inappropriately touched any woman.”
Zervos argued that information about the other accusers could speak to both Trump's state of mind and his credibility. Trump's attorneys have argued that his allegedly defamatory statements amounted to heated campaign rhetoric.
Many of the other accusers said they were assaulted in “virtually” the same way that Zervos was, she alleged: Trump “would proceed to kiss them on the mouth and grope them, including by grabbing their breasts, buttocks or vaginas.”
Zervos cited as an example allegations by adult film actress Stephanie Clifford, who performs as Stormy Daniels, who said Trump invited her to meet him at a hotel in 2007 under the pretense of discussing a business opportunity but instead began touching her and discussing a previous sexual encounter they had.
Michael Cohen, Trump's former personal lawyer, admitted last month in federal court to making a $130,000 payment to Clifford on Trump's behalf to keep her encounters with Trump from going public.
Accusers identified in Zervos' suit made their allegations public in the weeks leading up to the 2016 presidential election and Trump issued blanket denials of any sexual misconduct in speeches and tweets.
“Nothing ever happened with any of these women,” Trump tweeted in October 2016. “Totally made up nonsense to steal the election.”
Zervos is represented by Cuti Hecker Wang partners Mariann Meier Wang and Eric Hecker and associates Daniel Mullkoff and Heather Gregorio. Wang declined to comment.
In opposition papers, the lawyers defending Trump in the defamation case argue that information about Trump's other accusers is not relevant to the Zervos case, characterizing the motion as a fishing expedition that would turn the case into a series of mini-trials.
Trump's lawyers also note that none of the other accusers identified in Zerovs' motion have come forward with lawsuits of their own.
Kasowitz Benson Torres attorneys Marc Kasowitz, Christine Montenegro and Paul Burgo are defense counsel to Trump in the defamation case.
Trump's efforts to thwart Zervos' lawsuit, which was filed in state court in Manhattan, have proven unsuccessful thus far: Earlier this year, Manhattan Supreme Court Justice Jennifer Schecter, who presides over the case, found that Trump is not immune from the suit and in June the New York Court of Appeals declined to hear Trump's appeal to grant a stay of proceedings in the case.
Trump is appealing Schecter's ruling on the immunity matter. This month, the parties agreed to a stipulation that provides for Trump to give written answers to deposition questions.
Read more:
Trump Wants NYCOA to Freeze Suit by Former 'Apprentice' Cast Member
Stormy Daniels Sues Trump Over Tweet
Q&A With Gloria Allred on the Business of Law in the Age of #MeToo
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