Trump lawyers push dismissal of sexual harassment lawsuit

President Donald Trump and his wife Melania Trump are seen at the G20 summit in Hamburg Germany

President Donald Trump and his wife Melania Trump are seen at the G20 summit in Hamburg Germany

Trump attorney Marc Kasowitz argued for the dismissal or postponement of the case, stating the president can not be sued in state court while in office.

An attorney representing Donald Trump has asked that a former "Apprentice" contestant's defamation lawsuit against the president be dismissed, arguing that a serving POTUS can not be sued in state court and that his rhetoric on the campaign trail was exaggerated and shouldn't be taken seriously.

The suit was filed by a former contestant on the president's former NBC reality show "The Apprentice".

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Kasowitz's memo also claims that Trump's potentially defamatory statements are protected by the First Amendment and should not be taken literally because they were made on the campaign trail.

Zervos filed a defamation suit against Trump in January. "The action therefore should be dismissed without prejudice to Ms. Zervos refiling after the President leaves office, or stayed until such time", the filing also brazenly asserts, along with more rhetoric of its own and the opinion of Zervos' cousin that she is just seeking notoriety. Her client has until later this summer to respond in the courts.

Zervos had accused Trump of aggressively kissing and grabbing her when she went to his bungalow at the Beverly Hills Hotel to discuss a possible job at the Trump Organization a year after she participated in the reality show that he hosted. Around the same time that the now infamous Access Hollywood recordings from 2005 were going public and looked to sink The Art of The Deal author's candidacy.

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Kasowitz argued for dismissal or postponement of the case on the grounds that the claims were false and intended only to defame the president.

In the motion to dismiss or delay Zervos lawsuit, submitted late Friday night, Trump's attorney attempted to explain how Trump's tweets were not meant to offend her.

During the campaign, Trump said the women who accused against him of inappropriately touching them were putting forward "made-up stories and lies" and "telling totally false stories". The lawyer wrote that Trump's denial of the allegations against him were "nothing more than heated campaign rhetoric created to persuade the public audience that Mr. Trump should be elected president irrespective of what the media and his opponents had claimed over his 18-month campaign".

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Trump, who has faced a number of lawsuits in state courts, would essentially be immune from similar lawsuits in the future if Kasowitz's argument holds in the court.

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