American politician Nancy Johnson once said: 'No one is above the law, not even the president.'
However, it appears President Donald Trump is looking to contest Johnson's view, as his lawyers are reportedly in the process of arguing he has presidential immunity, safeguarding him from a defamation case brought against him earlier this year.
According to the Telegraph, Trump's lawyers said in a state Supreme Court filing last Monday that they will formally ask for a dismissal or a suspension of claims made by former Apprentice contestant, Summer Zervos, earlier this year until he leaves office.
They also alleged the constitution provides immunity for the 45th President of the US from being sued in a state court while he is in the White House.
But, how can a president – or anyone for that matter – be immune from prosecution?
Well, according to Forbes there's no clear legal answer than dictates whether a sitting President can be indicted and prosecuted.
It's a subject which has come to the Attorney General's Office of Legal Counsel twice in the last fifty years, following President Richard Nixon's role in Watergate in 1973 and again in 2000, after President Bill Clinton was acquitted of impeachment charges.
However, in both cases, federal lawyers revealed it was impossible to indict or criminally prosecute a President in office, given the fact it would undermine the executive branch – including the President, Vice President and the Cabinet – to fulfill their constitutional duties.
Hmm.
Zervos launched a lawsuit against the President of the US in January, 11 years after she was a contestant on his reality show in 2006.
According to the publication, after appearing on the Apprentice, Zevros asked Trump for a job. She accuses the President of making unwanted sexual contact with her at a Beverly Hills hotel in 2007, kissing her on the lips and asking for her phone number.
The news comes months after several women came forward during last year's US presidential campaign with sexual allegations against Mr Trump – allegations which the politician vehemently denies.
Last year, a tape recording of the Leader of the Free World talking about how fame gave him the opportunity to grope women emerged in which he admitted he can't help touch beautiful women.
'I just start kissing them. It's like a magnet,' he revealed from the set of his reality show.
He also revealed that 'when you're a star', women allowed his sexual predatory behaviour. 'Grab them by the p*ssy. You can do anything,' he noted.
Unsurprisingly, Trump later defended his comments by describing them as 'locker room talk.'
Fortunately, Gloria Allred – the lawyer acting for Mr Zervos who also represented several women who accused actor Bill Cosby of sexual assault – disputes Trump's claims he is immune from a defamation lawsuit and admitted: 'We look forward to arguing this issue in court.'
As do we, Gloria.
Katie O'Malley is the Site Director on ELLE UK. On a daily basis you’ll find Katie managing all digital workflow, editing site, video and newsletter content, liaising with commercial and sales teams on new partnerships and deals (eg Nike, Tiffany & Co., Cartier etc), implementing new digital strategies and compiling in-depth data traffic, SEO and ecomm reports. In addition to appearing on the radio and on TV, as well as interviewing everyone from Oprah Winfrey to Rishi Sunak PM, Katie enjoys writing about lifestyle, culture, wellness, fitness, fashion, and more.
