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Derick Dirmaier

Derick Dirmaier is the Director of Product and Creative Development at TPM. Contact him at derick@talkingpointsmemo.com.

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A lawyer for President Donald Trump on Monday signaled that he will seek to dismiss a lawsuit filed against Trump in New York, arguing that the President is immune to lawsuits filed against him in state court.

Trump is looking to dismiss a defamation lawsuit filed in New York state Supreme Court by Summer Zervos, a past contestant on Trump’s reality television show, “The Apprentice.” Zervos filed the lawsuit in January, after Trump denied her allegations that he kissed and groped her inappropriately in 2007 at a hotel in Los Angeles.

In a filing submitted on Monday, Trump’s lawyer, Marc Kasowitz, argued that “the United States Constitution, including the Supremacy Clause contained therein, immunizes the President from being sued in state court while in office.” He noted that in Clinton v. Jones, which established that Presidents are not immune from federal lawsuits over actions they took before taking office, the U.S. Supreme Court did not decide whether the President could be sued in state court.

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