# Gloria Allred: Accuser Will Sue Trump **URL:** \ **Category:** Factual Questions\ **Created:** [January 17, 2017, 6:11pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404 "2017-01-17T18:11:32Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![davidm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidm/32/225_2.png) [@davidm](https://boards.straightdope.com/u/davidm)\ **Post date:** [January 17, 2017, 6:11pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/1 "2017-01-17T18:11:32Z")
[http://www.thedailybeast.com/cheats/2017/01/17/gloria-allred-accuser-will-sue-trump.html](http://www.thedailybeast.com/cheats/2017/01/17/gloria-allred-accuser-will-sue-trump.html) > [@](#): > > A woman who accused Donald Trump of sexually inappropriate contact will file a lawsuit against the president-elect on Tuesday, according to attorney Gloria Allred. A press conference in Los Angeles with the accuser and Allred is scheduled for 11:30 a.m. local time. Can a sitting President be sued? Does the fact that the suit is bring brought before he’s in office mean that it can go forward while he’s in office? ---
**Author:** ![MEBuckner](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mebuckner/32/2896_2.png) [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)\ **Post date:** [January 17, 2017, 6:18pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/2 "2017-01-17T18:18:22Z")
> [@davidm](#): > > Can a sitting President be sued? Yes; see [_Clinton v. Jones_](https://en.wikipedia.org/wiki/Clinton_v._Jones). ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [January 17, 2017, 7:06pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/3 "2017-01-17T19:06:58Z")
Moved from Elections to General Questions. [/moderating] ---
**Author:** ![Snarky\_Kong](https://avatars.discourse-cdn.com/v4/letter/s/a183cd/32.png) [@Snarky\_Kong](https://boards.straightdope.com/u/Snarky_Kong)\ **Post date:** [January 17, 2017, 9:05pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/4 "2017-01-17T21:05:54Z")
Trump also has a suit brought against him in a child rape case where the accuser was represented by Gloria Allred. The case was dropped; I’ll hold my breath on this one. ---
**Author:** ![davidm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidm/32/225_2.png) [@davidm](https://boards.straightdope.com/u/davidm)\ **Post date:** [January 17, 2017, 9:48pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/5 "2017-01-17T21:48:01Z")
> [@Bone](#): > > Moved from Elections to General Questions. > > [/moderating] This was intended more for discussion of the case rather than a specific question. But whatever. ---
**Author:** ![davidm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidm/32/225_2.png) [@davidm](https://boards.straightdope.com/u/davidm)\ **Post date:** [January 17, 2017, 9:49pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/6 "2017-01-17T21:49:27Z")
More info: It’s a defamation suit brought by an Apprentice contestant. > **[Sex Assault Accuser Summer Zervos Files Defamation Lawsuit Against Trump |...](https://lawandcrime.com/high-profile/breaking-apprentice-contestant-summer-zervos-files-defamation-lawsuit-against-trump/)** > > Los Angeles based attorney Gloria Allred held a press conference on Tuesday during which she announced that former Apprentice contestant Summer Zervos filed a defamation lawsuit against President-elect Donald Trump, accusing him of lying about... ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [January 17, 2017, 11:23pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/7 "2017-01-17T23:23:47Z")
> [@davidm](#): > > This was intended more for discussion of the case rather than a specific question. But whatever. But your OP asked factual questions rather than calling for discussion of the case. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [January 17, 2017, 11:40pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/8 "2017-01-17T23:40:24Z")
He can’t be sued for his actions taken in his capacity as President. But he can be sued for personal actions taken while he happens to be President, and he can certainly be sued for actions from before he became President. So, for instance, Cindy Sheehan couldn’t sue George W. Bush for starting the war that got her son killed, because that was something he did in his capacity as President. But Monica Lewinsky could sue Bill Clinton for his inappropriate behavior with her, because that wasn’t in his official capacity. ---
**Author:** ![pidgeon92](https://avatars.discourse-cdn.com/v4/letter/p/50afbb/32.png) [@pidgeon92](https://boards.straightdope.com/u/pidgeon92)\ **Post date:** [January 18, 2017, 12:00am UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/9 "2017-01-18T00:00:05Z")
She going to have to get in line behind all of the other people he’s fucked. ---
**Author:** ![Kimstu](https://avatars.discourse-cdn.com/v4/letter/k/ecd19e/32.png) [@Kimstu](https://boards.straightdope.com/u/Kimstu)\ **Post date:** [January 18, 2017, 12:22am UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/10 "2017-01-18T00:22:07Z")
> [@davidm](#): > > This was intended more for discussion of the case rather than a specific question. But whatever. You can request a mod to repeal the forum change based on this clarification. ---
**Author:** ![davidm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidm/32/225_2.png) [@davidm](https://boards.straightdope.com/u/davidm)\ **Post date:** [January 18, 2017, 12:25am UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/11 "2017-01-18T00:25:26Z")
> [@Kimstu](#): > > You can request a mod to repeal the forum change based on this clarification. It’s not a big deal. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [January 18, 2017, 1:18am UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/12 "2017-01-18T01:18:19Z")
What election is affected by this lawsuit? Seems it’s now in the right forum. ---
**Author:** ![Me\_Billy](https://avatars.discourse-cdn.com/v4/letter/m/e480ec/32.png) [@Me\_Billy](https://boards.straightdope.com/u/Me_Billy)\ **Post date:** [January 18, 2017, 4:47pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/13 "2017-01-18T16:47:28Z")
These sexual assaults did not occur while he was a sitting President! So yes he can be sued. ---
**Author:** ![Schnitte](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/schnitte/32/9033_2.png) [@Schnitte](https://boards.straightdope.com/u/Schnitte)\ **Post date:** [January 18, 2017, 6:30pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/14 "2017-01-18T18:30:35Z")
> [@Me\_Billy](#): > > These sexual assaults did not occur while he was a sitting President! So yes he can be sued. Even if they had happened during Trump’s tenure as President he could be sued for them. A precedent is [Nixon v Fitzgerald](https://supreme.justia.com/cases/federal/us/457/731/case.html) (1982). > [@Supreme Court of the United States](#): > > 1. Petitioner, as a former President of the United States, is entitled to absolute immunity from damages liability predicated on his official acts. Pp. 457 U. S. 744-758. > > (a) Although there is no blanket recognition of absolute immunity for all federal executive officials from liability for civil damages resulting from constitutional violations, certain officials – such as judges and prosecutors – because of the special nature of their responsibilities, require absolute exemption from liability. Cf. Butz v. Economou, 438 U. S. 478. Determination of the immunity of particular officials is guided by the Constitution, federal statutes, history, and public policy. Pp. 457 U. S. 744-748. > > (b) The President’s absolute immunity is a functionally mandated incident of his unique office, rooted in the constitutional tradition of the separation of powers and supported by the Nation’s history. Because of the singular importance of the President’s duties, diversion of his energies by concern with private lawsuits would raise unique risks to the effective functioning of government. While the separation of powers doctrine does not bar every exercise of jurisdiction over the President, a court, before exercising jurisdiction, must balance the constitutional weight of the interest to be served against the dangers of intrusion on the authority and functions of the Executive Branch. The exercise of jurisdiction is not warranted in the case of merely private suits for damages based on a President’s official acts. Pp. 457 U. S. 748-754. > > (c) The President’s absolute immunity extends to all acts within the “outer perimeter” of his duties of office. Pp. 457 U. S. 755-757. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [January 18, 2017, 6:46pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/15 "2017-01-18T18:46:47Z")
I assume this is similar to the “qualified immunity” most government officials have. When acting as their job demands, they cannot be sued for such actions. I.e. you can’t sue the police for breaking down your door during a search warrant search? Typically, this immunity ends when they exceed their authority so egregiously that they really knew they were not able to do this - i.e. kicking in a door with no search warrant, or extreme force when there was no call for it. The language of the SCOTUS quote above suggests that the “duties of office” will be much more leniently interpreted than say, a police officer? Since his discretion and powers allow him to do so much more as CINC and president. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [January 18, 2017, 6:49pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/16 "2017-01-18T18:49:37Z")
> [@davidm](#): > > More info: > It’s a defamation suit brought by an Apprentice contestant. > [Sex Assault Accuser Summer Zervos Files Defamation Lawsuit Against Trump | Law & Crime](http://lawnewz.com/high-profile/breaking-apprentice-contestant-summer-zervos-files-defamation-lawsuit-against-trump/) I have no idea about the merits of the case, but the complaint is written very poorly. A civil complaint should lay out the factual allegations which, if true, establish civil liability. In general, it’s not a home for conclusory allegations or dramatic language. > [@](#): > > 1. And what did Donald Trump, the liar and misogynist do, to cover up his lies? He lied again, and debased and denigrated Ms. Zervos with false statements about her. > . > . > . > 2. Donald Trump lied again, and again, and again, and again, and again. And although this is not my area of law, the following claim seems very difficult to sustain: > [@](#): > > 1. In addition, Ms. Zervos has suffered financially. Immediately after and because Mr. Trump derided her as a liar seeking fame, her restaurant lost customers and business that it had before. Ms. Zervos suffered at least $2,914 in such financial losses. Ms. Zervos pleads these special damages in the event that a court should determine that she is required to plead special damages as an element of her claim. If she’s telling the truth, in my opinion she’s poorly served by this complaint. ---
**Author:** ![boffking](https://avatars.discourse-cdn.com/v4/letter/b/858c86/32.png) [@boffking](https://boards.straightdope.com/u/boffking)\ **Post date:** [January 18, 2017, 6:53pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/17 "2017-01-18T18:53:32Z")
Trump won’t be a sitting President until noon on Friday. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [January 18, 2017, 7:20pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/18 "2017-01-18T19:20:43Z")
> [@Bricker](#): > > I have no idea about the merits of the case, but the complaint is written very poorly. > > A civil complaint should lay out the factual allegations which, if true, establish civil liability. In general, it’s not a home for conclusory allegations or dramatic language. > > And although this is not my area of law, the following claim seems very difficult to sustain: > > If she’s telling the truth, in my opinion she’s poorly served by this complaint. Good thing she’s not running a pizza place. But this points out another danger - as Trump’s popularity/notoriety escalates, the danger of being on his bad side (or rather, his more excitable followers’ bad side) has increasing repercussions. Nobody really cared about Trump the used condo salesman; over 50 million people care about Trump the president-elect. That should be demonstrable and documentable if true. I assume the bizarrely small number mentioned reflects a concrete example of a specific business opportunity lost? I assume this is a nuisance suit, she’s just looking to make a point. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 18, 2017, 7:22pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/19 "2017-01-18T19:22:59Z")
> [@Bricker](#): > > A civil complaint should lay out the factual allegations which, if true, establish civil liability. In general, it’s not a home for conclusory allegations or dramatic language. Most civil complaints are drafted in conclusory language (and most are poorly drafted, in my view). I think the more problematic portion of the case is that Zervos willingly injected herself into the Trump-as-sex-offender debate and is clearly a public figure for the purpose of his comments. ---
**Author:** ![Schnitte](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/schnitte/32/9033_2.png) [@Schnitte](https://boards.straightdope.com/u/Schnitte)\ **Post date:** [January 18, 2017, 7:35pm UTC](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404/20 "2017-01-18T19:35:02Z")
> [@md2000](#): > > I assume this is similar to the “qualified immunity” most government officials have. When acting as their job demands, they cannot be sued for such actions. I.e. you can’t sue the police for breaking down your door during a search warrant search? You can, of course, sue “the police” as a governmental authority if you think they acted illegally (not necessarily egregiously illegally) in the conduct of the search. That’s precisely the point of rule of law and judicial review: The exercise of governmental authority is subject to legal constraints, and these legal constraints are judicially reviewable - the entire body of administrative law is precisely about that. A different question, however, is whether you can sue the government officials in their personal capacity as individuals for something they did in the exercise of their official function, and this is where immunity can potentially come into play. [Next page](https://boards.straightdope.com/t/gloria-allred-accuser-will-sue-trump/777404.md?page=2)