Citing Paula Jones Case, Judge Refuses To Dismiss Lawsuit Against Trump

By on November 28, 2018

November 28, 2018

The New York attorney general alleges that the Trump Foundation was used as a checkbook to settle Trump’s business disputes and to support his presidential campaign, and the Trump Foundation, President Trump and three of his children – in their capacity as officers, directors and board members – are named as respondents. President Trump’s lawyers had argued the President could not be sued per the Supremacy Clause of the U.S. Constitution. In her denial of a motion to dismiss, Judge Saliann Scarpulla said that Trump’s attorneys “failed to cite a single case in which any court has dismissed a civil action against a sitting president on Supremacy Clause grounds, where, as here, the action is based on the president’s unofficial acts.” In Clinton v. Jones, she noted, the Supreme Court specifically held that the doctrine of separation of powers “does not bar a federal suit (including state law claims) against a sitting president.”

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