//  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: Kavanaugh's Coming, Plus Updates

7/12/18  //  Uncategorized

On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss the retirement of Justice Kennedy and how his presumptive replacement may rule in Versus Trump cases. They then do some quick hits to update a handful of important cases. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Compulsion and Complicity

7/12/18  //  In-Depth Analysis

By Catherine Fisk: The conservative majority's deregulatory use of the First Amendment will weaken it as a safeguard against tyranny

Take Care

Elusive Silver Linings & The Deregulatory First Amendment

7/9/18  //  Commentary

Sometimes the oncoming storm is easier to spot than the silver linings.