President Trump wants New York journalist E. Jean Carroll’s defamation lawsuit against him put on hold while he appeals former “Apprentice” contestant Summer Zervos’ case against him — arguing a successful appeal in Zervos could impact the Carroll case, according to new court papers.
Trump was granted permission last month to appeal to the New York Court of Appeals — the highest court in the state — in Zervos’ 2017 defamation lawsuit accusing him of calling her a liar when he denied her claims that he kissed and groped her.
Trump is expected to try to persuade the high court that the US Constitution bars state cases, like the Zervos case, from proceeding while he is president. The Zervos case is on hold in the lower court pending the Court of Appeals’ decision.
Trump late Tuesday filed court papers arguing that Elle magazine advice columnist Carroll’s defamation case also should not go forward in Manhattan Supreme Court until the Zervos appeal is resolved.
“If President Trump is successful on that appeal, this Court would be without jurisdiction to hear this action while President Trump is in office, and that threshold issue should be decided in the Court of Appeals before this action proceeds,” Trump’s lawyer Marc Kasowitz wrote in Manhattan Supreme Court papers.
Trump argues that halting Carroll’s case will help avoid duplication since her and Zervos’ cases are so similar. Carroll is also suing Trump for defamation for publicly denying her claims that he raped her in a Bergdorf Goodman fitting room around 1995.
If Carroll’s case goes forward, it will deny Trump his right to immunity and it would be “burdensome” to litigate the case and keep up with the court’s schedule while he’s in office, the court papers say. It would also be a “distraction” for the public, the court documents argue.
The parties in the Zervos case must submit their arguments to the high court by May 11. Trump wants the “Ask E. Jean” journalist’s case to be stayed until five days after the Court of Appeals’ decision in the Zervos case.
A judge has already rejected Trump’s attempt to have Carroll’s suit tossed for lack of jurisdiction since he was living in Washington, DC, when he allegedly defamed Carroll.
The scribe has since asked Trump to submit a DNA sample so she can have it tested against the dress she wore the night he allegedly assaulted her.
Carroll’s lawyer, Roberta Kaplan, said, “It’s hardly a surprise that Trump is seeking to stop this lawsuit. The Court has rejected his previous attempts to avoid discovery.”
Kaplan said Trump has already participated in lawsuits since he was elected to the White House.
“It would be fundamentally unfair to allow him to pick and choose which cases he wants to participate in,” Kaplan said.