As @k9bfriender pointed out, this is a civil case, not criminal. There are no prosecutors, only attorneys representing the plaintiff.
I don’t see how he can assert executive privilege in this matter. Either he defamed her or he didn’t, and none of the assertions have anything to do with him being president. His defamation was a matter of public record, so there’s nothing to shield. Moreover, the sexual misconduct alleged by Zervos occurred in 2007, long before he was president.
As for him asserting executive privilege in connection with the congressional committee investigating the January 6th insurrection, he’ll be able to delay with this tactic for awhile – but not indefinitely. Biden sure isn’t going to help him.
@Uniqueorn, I don’t believe a witness expressing an opinion about the outcome of an election would be guilty of committing perjury, unless it could be shown that the witness expressly stated that they knew the outcome was otherwise. As earlier noted by others, this line of questioning would be irrelevant in the Zervos case.
More likely it would unfold something like this during the deposition:
Plaintiff’s attorney: “Sir, did you ever say that Ms. Zervos’ allegations of your sexual misconduct with her were a hoax?”
Trump: “I never said that.”
Plaintiff’s attorney: “For the record, I offer a copy of this tweet published in 2016 under the account of Donald J. Trump asserting that allegations of sexual misconduct against you by Ms. Zervos are a hoax, as Plaintiff’s Exhibit 1.”
Trump: “Oh, you mean tweets? I didn’t write my own tweets.”
Plaintiff’s attorney: “So you’re saying you were unaware that this tweet was published on your behalf on your account? Do you disavow any knowledge of the contents of this tweet?”
Trump: “Uh, yeah. That’s what I’m saying.”
DA in Manhattan: (Licking chops)
(IANAL.)