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Trump appeals again to delay 'Apprentice' contestant's suit

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Trump appeals again to delay 'Apprentice' contestant's suit
News

News

Trump appeals again to delay 'Apprentice' contestant's suit

2018-05-23 11:40 Last Updated At:12:48

President Donald Trump wants New York's highest court to delay a defamation suit filed by a former "Apprentice" contestant who accused him of unwanted groping and kissing.

Trump's lawyers filed notice late Monday that they're asking the state Court of Appeals to freeze Summer Zervos' suit while a lower appellate court considers Trump's request to dismiss it or postpone it until after his presidency.

In this combination photo, President Donald Trump, left, listens during a meeting on healthcare in the Roosevelt Room of the White House, on March 13, 2017 in Washington and Summer Zervos, a former contestant on "The Apprentice" appears at a news conference in Los Angeles on Oct. 14, 2016.  (AP Photos/Pablo Martinez Monsivais, left, and Ringo H.W. Chiu, Files)

In this combination photo, President Donald Trump, left, listens during a meeting on healthcare in the Roosevelt Room of the White House, on March 13, 2017 in Washington and Summer Zervos, a former contestant on "The Apprentice" appears at a news conference in Los Angeles on Oct. 14, 2016.  (AP Photos/Pablo Martinez Monsivais, left, and Ringo H.W. Chiu, Files)

The president has denied Zervos' claims.

Zervos' lawyer, Mariann Wang, noted Tuesday that Trump has lost bids so far to delay the case — "and for good reason," she said.

"No one is above the law," Wang said in a statement. She said that she believed the "sound reasoning" behind the denials so far would prevail.

File - In this May 16, 2018, file photo, President Donald Trump listens to a question during a meeting in the Oval Office of the White House in Washington. (AP Photo/Evan Vucci, File)

File - In this May 16, 2018, file photo, President Donald Trump listens to a question during a meeting in the Oval Office of the White House in Washington. (AP Photo/Evan Vucci, File)

Zervos, a California restaurateur, appeared in 2006 on Trump's former reality show, "The Apprentice." She says he made unwelcome advances when she sought career advice in 2007.

Zervos was among more than a dozen women who came forward late in the 2016 presidential race to say Trump had sexually harassed or assaulted them.

Trump denied all the claims, saying they were "100 percent fabricated" and "totally false" and his accusers were "liars." He specifically contested Zervos' allegations in a statement and retweeted a message that included her photo and described her claims as a "hoax."

FILE- In this Dec. 5, 2017 file photo, Summer Zervos leaves Manhattan Supreme Court at the conclusion of a hearing in New York. A New York court said Thursday, May 17, 2018, that the former "Apprentice" contestant can proceed with her defamation lawsuit against President Donald Trump, at least for now. (AP Photo/Kathy Willens, File)

FILE- In this Dec. 5, 2017 file photo, Summer Zervos leaves Manhattan Supreme Court at the conclusion of a hearing in New York. A New York court said Thursday, May 17, 2018, that the former "Apprentice" contestant can proceed with her defamation lawsuit against President Donald Trump, at least for now. (AP Photo/Kathy Willens, File)

Zervos' suit argues Trump defamed her by calling her a liar. She says his words hurt her reputation, harmed her business and led to threats against her.

She's seeking a retraction, an apology and compensatory and punitive damages.

Trump's attorneys have said his remarks were "non-defamatory opinions."

FILE - In this Dec. 5, 2017 file photo, Summer Zervos is seen after a hearing at Manhattan Supreme Court judge in New York. A New York court said Thursday, May 17, 2018, that the former "Apprentice" contestant can proceed with her defamation lawsuit against President Donald Trump, at least for now. (AP Photo/Kathy Willens, File)

FILE - In this Dec. 5, 2017 file photo, Summer Zervos is seen after a hearing at Manhattan Supreme Court judge in New York. A New York court said Thursday, May 17, 2018, that the former "Apprentice" contestant can proceed with her defamation lawsuit against President Donald Trump, at least for now. (AP Photo/Kathy Willens, File)

A Manhattan judge ruled in March that the case could go forward. Last week, a mid-level appeals court turned down Trump's bid to halt information-gathering in the case while appeals judges weigh his argument that a private citizen can't sue a sitting president in a state court.

Trump lawyer Marc Kasowitz said last week there was "no valid reason" to reject the request.

Zervos' lawyers have issued subpoenas seeking a range of information about Trump's behavior toward women, including any Trump campaign documents concerning any woman who accused him of inappropriate touching and any unaired "Apprentice" footage that might feature Trump discussing female contestants in a sexual or inappropriate way.

NEW YORK (AP) — A veteran tabloid publisher was expected to return to the witness stand Tuesday in Donald Trump’s historic hush money trial.

Prosecutors and defense attorneys in opening statements Monday painted competing portraits of the former president — one depicting him as someone who sought to corrupt the 2016 presidential election for his own benefit and another describing him as an innocent, everyday man who was being subjected to a case the government “should never have brought.”

David Pecker, the National Enquirer's former publisher and a longtime friend of Trump’s, was the only witness Monday. He is expected to tell jurors Tuesday about his efforts to help Trump stifle unflattering stories during the 2016 campaign.

Prosecutors say Pecker worked with Trump and Trump’s then-lawyer, Michael Cohen, on a “catch-and-kill” strategy to buy up and then spike negative stories. At the heart of the case are allegations that Trump orchestrated a scheme to bury unflattering stories about his personal life that might torpedo his campaign.

Prosecutors say Trump obscured the true nature of those payments in internal business documents.

He has pleaded not guilty to 34 felony counts of falsifying business records.

Before testimony resumes Tuesday, the judge will hold a hearing on prosecutors’ request to sanction and fine Trump over social media posts they say violate a gag order prohibiting him from attacking key witnesses.

The case is the first criminal trial of a former American president and the first of four prosecutions of Trump to reach a jury.

Currently:

— Key takeaways from the opening statements in Donald Trump’s hush money trial

— Key players: Who’s who at Donald Trump’s hush money criminal trial

— The hush money case is just one of Trump's legal cases. See the others here

— Trump’s $175 million bond in New York civil fraud judgment case is settled with cash promise

— Without cameras to go live, the Trump trial is proving the potency of live blogs as news tools

Here's the latest:

Judge Juan M. Merchan said Tuesday he would not make an immediate decision on whether Donald Trump violated a gag order barring him from making public statements about witnesses in his hush money case.

Following a hearing held before witness testimony was set to resume, Merchan suggested that instead of begging for forgiveness, Trump should have asked for clarity when considering social posts or reposts that might cross the line.

Trump's lawyers had reiterated their argument that his posts about witnesses such as his former personal lawyer Michael Cohen were merely responses to political speech.

Prosecutors have sought sanctions against the former president, as well as fines of at least $3,000.

Last year, Trump was fined $15,000 for twice violating a gag order imposed at his New York civil fraud trial after he made a disparaging social media post about the judge’s chief law clerk.

In 2022, Trump was held in contempt and fined $110,000 for being slow to respond to a subpoena in the investigation that led to the civil fraud lawsuit.

Todd Blanche, Donald Trump’s lawyer, peeled back the curtain on the ex-president’s Truth Social operation during a hearing on whether he recently violated a gag order prohibiting him from publicly attacking witnesses in his hush money case.

According to Blanche, people working with Trump will pick out articles they think his followers would like to see and then repost them to Truth Social under his name.

Blanche had argued that reposting a news article, as in some of the posts at issue, doesn’t violate the gag order put in place by Judge Juan M. Merchan.

When the judge asked for citations to cases to back that supposition up, Blanche said he didn’t have any, but “it’s just common sense.”

As Merchan grew increasingly frustrated with Blanche, prosecutor Joshua Steinglass smiled, rolled his eyes and appeared to stifle a laugh. On the opposite side, Trump sat slumped in his chair, scowling.

Blanche insisted that Trump “is being very careful to comply” with the gag order. Judge Merchan shot back: “You’re losing all credibility.”

Prosecutors have asked the judge to hold Trump in contempt of court and to fine him at least $3,000 for the online posts in question.

Donald Trump's lawyer said in court Tuesday morning that the former president didn't willfully violate a gag order that Judge Juan M. Merchan put in place, barring him from publicly attacking key witnesses in his hush money case.

Fighting proposed fines, Todd Blanche hit a key defense argument on the matter: that Trump was just responding to others’ comments in the course of political speech.

“There is no dispute that President Trump is facing a barrage of political attacks,” including from Cohen and Daniels, Blanche said.

He again argued it’s unfair for those individuals to be unfettered in their comments — but for Trump to be muzzled.

A man has been taken into custody by court officers after causing a disturbance in the overflow courtroom for Donald Trump's hush money trial.

The man had been admitted to the overflow courtroom, which is located next to the main courtroom, but officers said he declined to sit down and obey the rules of the court on Tuesday morning. He left the room and officers escorted him off the floor in handcuffs moments after the hearing began.

Court staff have repeatedly warned journalists and members of the public about violating rules in the overflow room, where a video feed of the trial’s proceedings is shown with a slight delay. At least two reporters have been barred from covering the trial after violating rules against recording and taking photographs, according to a court spokesperson.

A court system spokesperson confirmed an arrest but did not immediately provide details.

One of the prosecutors in Donald Trump's hush money case says the former president violated a gag order barring him from publicly attacking witness yet again.

As a hearing began Tuesday about prosecutors' claims that Trump violated the gag order 10 times in recent weeks, Christopher Conroy accused him of violating it again on Monday in remarks outside the courtroom door about his ex-lawyer Michael Cohen.

Conroy pointed to Trump’s comments about Cohen’s representation of him and characterization of Cohen as a liar.

Before testimony in Donald Trump's hush money trial resumed Tuesday, Judge Juan M. Merchan held a hearing on the prosecution’s request that Trump be held in contempt of court and fined at least $3,000 for allegedly violating his gag order.

Prosecutors cited 10 posts on Trump’s social media account and campaign website that they said breached the order, which bars him from making public statements about witnesses in the case.

They called the posts a “deliberate flouting” of the court’s order.

In one post, from April 10, Trump described his former lawyer-turned-foe Michael Cohen and porn actor Stormy Daniels as “two sleaze bags who have, with their lies and misrepresentations, cost our Country dearly!”

Prosecutors are seeking a $1,000 fine — the maximum allowed by law — for each of the first three alleged violations. They did not specify the punishment they are seeking for the seven other posts, which date to the morning jury selection began in the trial last week.

Shortly after court resumed Tuesday morning, Donald Trump sat at the defense table alone as his lawyers and prosecutors left the courtroom with Judge Juan M. Merchan for a closed-door conference.

There was no indication as to what the conference was about.

One of the lawyers had asked the judge if they could all approach the bench, to which the judge agreed. A moment later the group walked out of the courtroom to a side room out of view and earshot of reporters.

Before entering the courtroom, Trump had focused on events well outside of the hush money trial.

“It’s a big day in Pennsylvania,” he said in the courthouse’s hallway, urging people to vote in the state’s GOP primary happening today.

Trump, in a red tie, said the pro-Palestinian protests happening at local colleges are “a disgrace. And it’s really on Biden.” He added that President Joe Biden has the wrong tone and the wrong words. “What’s going on is a disgrace to our country and it’s all Biden’s fault.”

Donald Trump plans to meet with another foreign leader while he’s in New York for his criminal hush money trial.

The presumptive GOP nominee will be meeting with former Japanese prime minister Taro Aso after court Tuesday at Trump Tower. That’s according to two people familiar with the plans who spoke on condition of anonymity because they had not been formally announced.

Several foreign leaders have met with Trump in recent weeks as U.S. allies prepare for the possibility that he could re-take the White House.

“Leaders from around the world know that with President Trump we had a safer, more peaceful world,” said Trump spokesperson Brian Hughes.

Trump was close with Shinzo Abe, the former Japanese prime minister who was assassinated in 2022.

Associated Press writer Jill Colvin contributed to this report.

Donald Trump faces 34 felony counts of falsifying business records — a charge punishable by up to four years in prison — though it’s not clear if the judge would seek to put him behind bars.

A conviction would not preclude Trump from becoming president again, but because it is a state case, he would not be able to pardon himself if found guilty. He has repeatedly denied any wrongdoing.

Donald Trump’s attorney used his opening statement to attack the case as baseless, saying the former president did nothing illegal.

The attorney, Todd Blanche, challenged prosecutors’ claim that Trump agreed to pay porn actor Stormy Daniels in order to aid his campaign, saying Trump was trying to “protect his family, his reputation and his brand.”

Blanche indicated the defense will argue that the very point of a presidential campaign is to try to influence an election.

“It’s called democracy,” Blanche told jurors. “They put something sinister on this idea, as if it was a crime. You’ll learn it’s not.”

Blanche also portrayed the ledger entries at issue in the case as pro forma actions performed by a Trump Organization employee. Trump “had nothing to do with” the allegedly false business records, “except that he signed the checks, in the White House, while he was running the country,” Blanche said.

And he argued that the records’ references to legal expenses weren’t false, since Cohen was Trump’s personal lawyer at the time.

Donald Trump is charged with 34 counts of falsifying internal Trump Organization business records. But prosecutors made clear they do not want jurors to view this as a routine paper case.

Prosecutor Matthew Colangelo said Monday the heart of the case is a scheme to “corrupt” the 2016 election by silencing people who were about to come forward with embarrassing stories Trump feared would hurt his campaign.

“No politician wants bad press,” Colangelo said. “But the evidence at trial will show that this was not spin or communication strategy. This was a planned, coordinated, long-running conspiracy to influence the 2016 election, to help Donald Trump get elected through illegal expenditures to silence people who had something bad to say about his behavior.”

Two journalists covering Donald Trump's hush money trial were removed and expelled on Monday for breaking rules prohibiting recording and photography in the overflow room, where reporters who can’t get into the main courtroom watch the proceedings on large screens, according to court officials.

One of the banned journalists had previously been warned for violating the rules during jury selection.

Uniformed court officers have been making daily announcements reminding reporters of the rules. Signs posted in the overflow room and around the courthouse make clear that photography and recording are not allowed.

Donald Trump's hush money trial will adjourn early on Tuesday in observance of Passover. Judge Juan M. Merchan plans to end court proceedings at 2 p.m. for the holiday.

Prosecutors on Monday made history as they presented their opening statements to a jury in the first criminal trial against a former U.S. president, accusing Donald Trump of a hush money scheme aimed at preventing damaging stories about his personal life from becoming public.

The dueling statements painted very different portraits of the man who, before serving in the White House, was best known for being a major real estate developer and his reality TV show, “The Apprentice.”

One depicted him as someone who sought to illegally corrupt the 2016 presidential election for his own benefit and the other described him as an innocent, everyday man who was being subjected to a case the government “should never have brought.”

Former US President Donald Trump, with lawyer Todd Blanche, left, attends his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City, Tuesday April 23, 2024. Before testimony resumes Tuesday, the judge will hold a hearing on prosecutors' request to sanction and fine Trump over social media posts they say violate a gag order prohibiting him from attacking key witnesses. (Timothy A. Clary/Pool via AP)

Former US President Donald Trump, with lawyer Todd Blanche, left, attends his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City, Tuesday April 23, 2024. Before testimony resumes Tuesday, the judge will hold a hearing on prosecutors' request to sanction and fine Trump over social media posts they say violate a gag order prohibiting him from attacking key witnesses. (Timothy A. Clary/Pool via AP)

Former US President Donald Trump attends his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City, Tuesday April 23, 2024. Before testimony resumes Tuesday, the judge will hold a hearing on prosecutors' request to sanction and fine Trump over social media posts they say violate a gag order prohibiting him from attacking key witnesses. (Timothy A. Clary/Pool via AP)

Former US President Donald Trump attends his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City, Tuesday April 23, 2024. Before testimony resumes Tuesday, the judge will hold a hearing on prosecutors' request to sanction and fine Trump over social media posts they say violate a gag order prohibiting him from attacking key witnesses. (Timothy A. Clary/Pool via AP)

Former US President Donald Trump, left, standing next to lawyer Todd Blanche, speaks to the press as he arrives at his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City, Tuesday April 23, 2024. Before testimony resumes Tuesday, the judge will hold a hearing on prosecutors' request to sanction and fine Trump over social media posts they say violate a gag order prohibiting him from attacking key witnesses. (Timothy A. Clary/Pool via AP)

Former US President Donald Trump, left, standing next to lawyer Todd Blanche, speaks to the press as he arrives at his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City, Tuesday April 23, 2024. Before testimony resumes Tuesday, the judge will hold a hearing on prosecutors' request to sanction and fine Trump over social media posts they say violate a gag order prohibiting him from attacking key witnesses. (Timothy A. Clary/Pool via AP)

Republican presidential candidate and former President Donald Trump sits in Manhattan state court in New York, Monday, April 23, 2024. (Brendan McDermid/Pool Photo via AP)

Republican presidential candidate and former President Donald Trump sits in Manhattan state court in New York, Monday, April 23, 2024. (Brendan McDermid/Pool Photo via AP)

Republican presidential candidate and former President Donald Trump sits in Manhattan state court in New York, Monday, April 23, 2024. (Brendan McDermid/Pool Photo via AP)

Republican presidential candidate and former President Donald Trump sits in Manhattan state court in New York, Monday, April 23, 2024. (Brendan McDermid/Pool Photo via AP)

Republican presidential candidate and former President Donald Trump speaks outside the Manhattan Criminal Court in his trial for allegedly covering up hush money payments linked to extramarital affairs in New York on Monday, April 22, 2024. (Angela Weiss/Pool Photo via AP)

Republican presidential candidate and former President Donald Trump speaks outside the Manhattan Criminal Court in his trial for allegedly covering up hush money payments linked to extramarital affairs in New York on Monday, April 22, 2024. (Angela Weiss/Pool Photo via AP)

Former President Donald Trump, center, leaves Manhattan criminal court, Monday, April 22, 2024, in New York. Trump is accused of falsifying internal business records as part of an alleged scheme to bury stories he thought might hurt his presidential campaign in 2016. (AP Photo/Mary Altaffer)

Former President Donald Trump, center, leaves Manhattan criminal court, Monday, April 22, 2024, in New York. Trump is accused of falsifying internal business records as part of an alleged scheme to bury stories he thought might hurt his presidential campaign in 2016. (AP Photo/Mary Altaffer)

Former U.S. President and Republican presidential candidate Donald Trump returns to the courtroom after a break at Manhattan criminal court during his trial in New York, on Monday, April 22, 2024. Opening statements in Trump's historic hush money trial began Monday. Trump is accused of falsifying internal business records as part of an alleged scheme to bury stories he thought might hurt his presidential campaign in 2016. (Angela Weiss/Pool Photo via AP)

Former U.S. President and Republican presidential candidate Donald Trump returns to the courtroom after a break at Manhattan criminal court during his trial in New York, on Monday, April 22, 2024. Opening statements in Trump's historic hush money trial began Monday. Trump is accused of falsifying internal business records as part of an alleged scheme to bury stories he thought might hurt his presidential campaign in 2016. (Angela Weiss/Pool Photo via AP)

Former President Donald Trump sits in court on the first day of opening arguments in his trial at Manhattan Criminal Court in New York, Monday, April 22, 2024. (Victor J. Blue/The Washington Post via AP, Pool)

Former President Donald Trump sits in court on the first day of opening arguments in his trial at Manhattan Criminal Court in New York, Monday, April 22, 2024. (Victor J. Blue/The Washington Post via AP, Pool)

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