Trump setback in accuser's defamation case is first of its kind

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"No one is above the law", Schecter wrote in an 18-page decision. "Nothing in the Supremacy Clause of the United States Constitution even suggests that the President can not be called to account before a state court for wrongful conduct that bears no relationship to any federal executive responsibility", the judge wrote.

The lawsuit was the second time this month that a woman challenged legal arrangements to prevent discussions about affairs women said they had with Trump.

A court document provided to The Post on Tuesday by Michael Avenatti, an attorney for Daniels, describes the polygraph examination, which concluded that Daniels was being "truthful" about her allegations of a sexual encounter with Trump. A much-anticipated interview with Daniels is scheduled to air Sunday (Monday NZT) on CBS's "60 Minutes".

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Trump's attorneys argued that the president can not be sued in state court and also said the comments he made were political opinion and, as a result, "squarely protected by the First Amendment". "From there, it could - and perhaps likely will - be appealed to the Supreme Court".

"It left open the question of whether concerns of federalism and comity compel a different conclusion for suits brought in state court".

The decision means that Summer Zervos, who in 2016 accused then-candidate Trump of groping her and pressing his privates against her in 2007, can pursue her defamation case against the president for saying that her allegations were "fiction" and claiming she made them up for "personal gain". The court noted that Trump making statements about Zervos on the campaign trail "does not make them any less actionable". He has said she continued to attempt to contact him and seek employment even after he made the alleged unwanted sexual advances - and only turned against him after he failed to accept an invitation to her restaurant.

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Summer Zervos, who appeared on the NBC reality show in 2006, filed a lawsuit against Trump alleging that he defamed her during the presidential campaign after slamming her sexual harassment complaints as "fabricated and made-up". But the nation's highest court explicitly stated that it wasn't deciding if lawsuits in state court could proceed against a president.

Schecter cited litigation against President Bill Clinton in the 1990s in ruling in favor of Zervos on Tuesday.

The ruling Tuesday was blunt in dismissing an argument made by Trump's attorneys that he can not be sued in state court while in office.

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Rejecting President Donald Trump's bid for immunity, a NY judge invoked a fundamental precept of a free society Tuesday to set the stage for a former "Apprentice" contestant's defamation suit.