NY AG's lawsuit against Trump foundation can proceed, judge says

The New York state attorney general's civil lawsuit against the Donald J. Trump Foundation, President Donald...

Posted: Nov 25, 2018 5:53 PM
Updated: Nov 25, 2018 5:53 PM

The New York state attorney general's civil lawsuit against the Donald J. Trump Foundation, President Donald Trump and his three eldest children can proceed after a state court judge on Friday denied their motion to dismiss the case.

In her decision, Justice Saliann Scarpulla ruled that a sitting president can face a civil lawsuit in state court for actions not taken in his official capacity. That ruling puts Scarpulla in agreement with another recent ruling against Trump, a decision in the defamation lawsuit brought against him by Summer Zervos, a former contestant on "The Apprentice."

Celebrities

Donald Trump

Donald Trump, Jr.

Government and public administration

Government bodies and offices

Ivanka Trump

Law and legal system

Lawsuits and claims

Political Figures - US

Politics

Trial and procedure

US federal government

White House

Non-profit and NGO organizations

Trump Foundation

And, Scarpulla said, it is in line with the US Supreme Court's 1997 ruling concerning President Bill Clinton in response to Paula Jones' sexual harassment lawsuit.

"Allowing this action to proceed is entirely consistent with the Supreme Court's holding in Clinton v. Jones that the President of the United States is 'subject to the laws for his purely private acts,'" Scarpulla wrote.

As she did in court in October, the judge noted that Trump has appealed the Zervos decision, and if the appeals court rules in his favor, the attorney general's office would likely need to amend its lawsuit to remove Trump himself as a defendant.

The Trump Foundation case is being considered in the New York Supreme Court, the state's trial court.

The suit, filed in June, names as defendants the foundation, Trump and his children Eric, Donald Jr. and Ivanka Trump, all of whom sat on the charity's board. It alleges that they violated federal and state charities law with a "persistent" pattern of conduct that included unlawful coordination with the 2016 Trump presidential campaign.

The attorney general's office, led by Barbara Underwood, is seeking to dissolve the Trump Foundation and wants $2.8 million in restitution, plus additional penalties. The office is also seeking to ban Trump from serving as a director of any New York nonprofit for 10 years and to prohibit the other board members, the Trump children, from serving for one year.

"As we detailed in our petition earlier this year, the Trump Foundation functioned as little more than a checkbook to serve Mr. Trump's business and political interests," Underwood said in a statement Friday. "There are rules that govern private foundations — and we intend to enforce them, no matter who runs the foundation."

An attorney for the defendants, Alan Futerfas, said "the decision means only that the case goes forward. As we have maintained throughout, all of the money raised by the Foundation went to charitable causes to assist those most in need."

He added: "As a result, we remain confident in the ultimate outcome of these proceedings."

The judge gave the defendants 45 days to respond to the lawsuit.

This story has been updated.

Huntsville
Scattered Clouds
81° wxIcon
Hi: 89° Lo: 66°
Feels Like: 85°
Florence
Broken Clouds
83° wxIcon
Hi: 91° Lo: 68°
Feels Like: 88°
Fayetteville
Scattered Clouds
84° wxIcon
Hi: 88° Lo: 65°
Feels Like: 84°
Decatur
Broken Clouds
78° wxIcon
Hi: 89° Lo: 65°
Feels Like: °
Scottsboro
Scattered Clouds
84° wxIcon
Hi: 90° Lo: 68°
Feels Like: 92°
WAAY Radar
WAAY WAAY-TV Cam
WAAY Temperatures

Alabama Coronavirus Cases

Confirmed Cases: 54768

Reported Deaths: 1096
CountyConfirmedDeaths
Jefferson6746170
Mobile4904140
Montgomery4547112
Tuscaloosa269053
Madison22689
Marshall198011
Shelby169125
Lee159637
Morgan13385
Baldwin127711
Walker107532
Elmore106721
Etowah101114
Dallas10029
DeKalb9677
Franklin93816
Autauga69815
Russell6860
Unassigned67928
Chambers67730
Butler65229
Limestone6393
Tallapoosa63069
Cullman6156
Houston6077
Lauderdale5776
St. Clair5443
Calhoun5155
Colbert5096
Escambia4888
Lowndes48422
Pike4795
Jackson4352
Coffee4284
Covington41612
Talladega4017
Barbour3992
Dale3951
Bullock37810
Hale35423
Marengo35411
Chilton3312
Blount3201
Clarke3176
Wilcox3038
Winston2995
Sumter29213
Marion29014
Pickens2746
Randolph2639
Monroe2603
Perry2502
Conecuh2318
Bibb2241
Macon2199
Choctaw21712
Greene1989
Henry1553
Washington1488
Lawrence1360
Crenshaw1323
Cherokee1247
Geneva980
Lamar891
Clay852
Fayette851
Coosa661
Cleburne451
Out of AL00

Tennessee Coronavirus Cases

Confirmed Cases: 61960

Reported Deaths: 741
CountyConfirmedDeaths
Shelby13594224
Davidson13309143
Rutherford360239
Hamilton336438
Sumner194556
Williamson176316
Knox16209
Trousdale15105
Out of TN141610
Wilson118717
Putnam10197
Bradley9724
Robertson94813
Sevier9123
Unassigned8902
Montgomery7787
Tipton6987
Lake6960
Bledsoe6291
Bedford6249
Macon6037
Hamblen4744
Maury4623
Hardeman4184
Fayette3705
Madison3632
Rhea3430
Blount3393
Loudon3282
Dyer2923
McMinn28419
Cheatham2753
Dickson2750
Washington2620
Lawrence2396
Cumberland2214
Sullivan2214
Anderson2002
Jefferson1871
Lauderdale1824
Gibson1811
Smith1602
Monroe1556
Greene1512
Coffee1430
Cocke1380
Hardin1287
Warren1270
Obion1243
Haywood1213
Marshall1182
Franklin1163
Wayne1160
McNairy1071
Carter1052
Giles1051
Hickman1050
Marion954
Hawkins912
Lincoln870
White863
DeKalb850
Roane850
Henderson740
Weakley741
Overton731
Campbell701
Chester690
Claiborne680
Grundy652
Unicoi580
Grainger560
Polk550
Crockett543
Henry530
Carroll521
Cannon500
Sequatchie490
Humphreys472
Jackson470
Johnson460
Meigs380
Perry380
Morgan321
Decatur290
Scott280
Fentress270
Stewart260
Union240
Moore210
Clay200
Houston200
Benton151
Hancock120
Lewis110
Van Buren90
Pickett70

 

 

Community Events