//  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: Legal Challenges, Plus The Post Office Case

11/8/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the (frivolous) legal challenges to come. They are then joined by Public Citizen's Matthew Seligman to learn what happened with all those last-minute ballots, and what might happen in ongoing litigation in the Supreme Court.

Charlie Gerstein

Civil Rights Corps

It's Over. What's Next? Just Recounts, Shenanigans, and Hail Marys

11/6/20  //  Commentary

I catalog the legal attacks to come from the Trump team. None of his strategies have any chance of changing the outcome.

Legal Scholars on the Importance of Counting Every Vote

11/6/20  //  Commentary

We have every confidence in state election officials to finish counting all of our votes as best they know how—and we encourage all of our fellow citizens to wait until they have done so before jumping to conclusions.

Take Care