Trump Must Testify in Assault Case, NY Judge Says, Calling the President's Testimony 'Indispensable'
In her order, Bronx Supreme Court Administrative Judge Doris Gonzalez wrote that constitutional arguments about the president's vulnerability to prosecution are not relevant in this case.
September 20, 2019 at 02:59 PM
2 minute read
The original version of this story was published on National Law Journal
A Bronx Supreme Court judge on Friday ordered President Donald Trump to appear for a video deposition in a case involving an alleged 2015 assault of protesters outside Trump Tower by employees of the Trump Organization.
In her order, Bronx Supreme Court Administrative Judge Doris Gonzalez wrote that constitutional arguments about the president's vulnerability to prosecution are not relevant in this case.
"The only issue presented in these motions is whether the President's testimony is necessary at trial," Gonzalez wrote.
Questions about Trump's control over his employees are relevant to the case, Gonzalez wrote.
"President Trump's relationship with the other defendants is now central to plaintiffs' prosecution of their claims under the theory of respondeat superior," Gonzalez wrote. "As such, his testimony is indispensable."
Jury selection in the case is currently set to begin Thursday. It's not clear when Trump will be deposed or if the trial date will be pushed back.
Ben Dictor of Eisner Dictor, who is representing the plaintiffs, including Efrain Galicia, said Gonzalez' decision affirms the principle that no one is above the law.
"This is a case about Mr. Trump's responsibility as an employer of individuals who were authorized to use force in the course of their duties as employees to him and to the Trump Organization and to the Trump campaign," Dictor said.
Dictor said he'll present evidence at trial showing that Trump authorized and condoned his employees' conduct that day, when employees, including then-Trump bodyguard Keith Schiller, allegedly got into a physical altercation with protesters.
Lawrence Rosen of LaRocca Hornik Rosen Greenberg, who is representing Trump in this case, did not immediately respond to requests for comment.
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