Donald Trump facing seven hour deposition in court
It is looking more and more like Donald J. Trump may wish he could take a knee or a timeout in his personal arena. New York State Judge Jennifer Schecter, in the case, Zervos v. Trump, 150522/2017, New York Supreme Court, New York County, has rejected arguments by Trump that he is immune from litigation under the Constitution.
Summer Zervos, who had been a contestant on The Apprentice, has accused Trump of kissing and groping her. Trump has denied such allegations. After Trump referred to Zervos’ allegations as “fiction,” Zervos filed the present case alleging defamation by Trump. Judge Schecter ruled that Trump might have to give up to a seven hour deposition. Trump’s lawyers in the litigation have appealed to New York’s highest court, the New York Court of Appeals, arguing that the lawsuit is politically motivated and that a sitting president cannot be sued in state court. For now, Judge Schecter has moved forward with a detailed discovery schedule so that both sides must complete the work and be ready for trial by some time in 2019.
Trump’s attorneys had also tried to have a protective order put in place that purportedly was similar to the one used in Jones v. Clinton, the case that would lead to statements by then-President Bill Clinton that led to his impeachment. The protective order would have sealed all information about the case from the public, but the attorneys in court noted that Trump’s lawyers had dropped the request. Judge Schecter appeared pleased with that, noting, “That’s a step in the right direction because I do like transparency.”
This latest ruling by Judge Schecter likely will increase the leverage that Zervos has to settle for a large amount, because not many lawyers would want a witness such as Trump to be under oath for up to seven hours discussing his private moments. Add another legal problem to the growing list facing Donald Trump.
Daniel is a lawyer writing and teaching about SCOTUS, and is the author of the book “The Chief Justices” about the SCOTUS as seen through the center seat.