//  12/14/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie, Jason, and Easha talk about a defamation lawsuit brought by Summer Zervos, a woman who alleges that she was sexually assaulted by President Trump in a hotel room in 2007. 

Charlie, Easha, and Jason begin by discussing the facts in the lawsuit and then [at 5:00] quickly move to the first reason that President Trump has asked the court in New York to dismiss the case: the sitting President cannot be sued in state court. That leads to some deep cuts about the relationship between federal and state power [at 13:00] and then a wonky discussion [at 26:30] of how California's so-called Anti-SLAPP statute works and why Zervos may have been trying to avoid it. They then turn [at 32:30] to the President's second argument, which is that the statements calling Zervos a liar were protected by the First Amendment because they were made in the context of a political campaign.

No Trump Nuggets this week, but stay tuned for the big end-of-year recap, coming soon!

As usual, you can listen online below, and subscribe here with any podcast player or here in iTunes.

Please share or provide feedback, and rate us in iTunes. You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. 

Links

  • The Complaint in the case is here
  • The President's motion to mismiss is here; Zervos's opposition is here; and the President's reply is here.
  • Interesting commentary on the case by Steve Vladeck is here.
  • Michael Dorf's post speculating on why the case was filed in state court is here.
  • The hearing on the motion to dismiss was held on December 5th, and the court has not yet issued a decision. A LiveBlog from the argument is here.

Versus Trump: Manafort Sues, and Trump Threatens

1/11/18  //  Uncategorized

On a new episode of Versus Trump, Jason, Easha, and Charlie tackle an unexpected new lawsuit against the Trump Administration by, of all people, Paul Manafort. And they discuss the President's threats to sue the publisher of Fire and Fury for defamation. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Texas’s More Honest Take On Garza v. Hargan

1/11/18  //  In-Depth Analysis

Everything is bigger in Texas, including the outlandish arguments made to prevent undocumented young women from obtaining abortions.

Leah Litman

U.C. Irvine School of Law

Trump Threat To Sue Over 'Fire & Fury' Includes Bogus Inducement to Breach Claim Re Bannon

1/8/18  //  Commentary

Can the author or publisher of a book be held liable for inducing the breach of a nondisclosure agreement (NDA)? Spoiler alert: The answer is almost certainly no.

Michael C. Dorf

Cornell Law School