A state judge has ruled that Summer Zervos, who accused Mr. Trump of groping her, can sue him for defamation for calling her a liar.
A New York State judge has ruled that a defamation lawsuit brought by a woman who has said President Trump made unwanted sexual advances can go forward, raising the possibility of a public airing of other allegations of sexual misconduct against the president.
The decision by Justice Jennifer Schecter of State Supreme Court in Manhattan paves the way for lawyers to seek depositions from several women who accused Mr. Trump of sexual harassment before he was elected and to subpoena Trump campaign records related to his female accusers.
Justice Schecter rejected Mr. Trump’s argument that a state court has no jurisdiction over a sitting president. She cited a United States Supreme Court ruling that allowed Paula Jones to bring a sexual harassment suit against President Bill Clinton.
“No one is above the law,” Justice Schecter wrote. “It is settled that the president of the United States has no immunity and is ‘subject to the laws’ for purely private acts.”
The plaintiff in the lawsuit, Summer Zervos, is a former contestant on Mr. Trump’s show “The Apprentice.” In her complaint, she said Mr. Trump defamed her during the 2016 presidential campaign by repeatedly describing her accounts, and those of other accusers, as “total lies” and “made up nonsense to steal the election” — potentially for fame or financial gain.
Besides arguing the president could not be sued in state court under the Supremacy Clause, Mr. Trump’s lawyer, Marc E. Kasowitz, had argued that Mr. Trump’s comments about the women, made during a hard-fought election, amounted to political speech protected under the First Amendment. He also had argued Ms. Zervos was not held up to the level of ridicule or contempt necessary to prove defamation.
Justice Schecter, however, disagreed. She said Mr. Trump’s comments about Ms. Zervos telling “phony stories” could be construed as defamatory, suggesting she “is contemptible because she ‘fabricated’ events for personal gain.”
Ms. Zervos’s suit was being closely watched by other women who came forward during the presidential race with accusations against Mr. Trump. Some have said they would be willing to give depositions in the case.
During the campaign, more than 10 women made allegations against Mr. Trump ranging from unwanted touching to sexual assault. Most of them spoke out after the release of an “Access Hollywood” tape on which he bragged about kissing women and grabbing them without invitation.
