Judge rejects Trump Foundation request to dismiss lawsuit

Source: The Hill | November 23, 2018 | John Bowden

A judge in New York has rejected the Trump Foundation’s request to dismiss a lawsuit filed in the state alleging that the organization, which was chaired by President Trump and three of his children, was involved in self-dealing and misuse of charity assets.

Justice Saliann Scarpulla of the state’s Supreme Court ruled Friday that the state’s lawsuit against Trump can go forward after the president’s lawyers argued that he cannot be sued due to his station.

Scarpulla wrote in her decision that Trump’s lawyers could offer no evidence of an example where a president was immune to prosecution for actions taken in his unofficial capacity before taking office.

Lawyers for the president had also argued that state courts do not have jurisdiction over the president, an argument that Scarpulla also dismissed.

“In accordance with Clinton V. Jones and Zervos V. Trump, I find that I have jurisdiction over Mr. Trump and deny Respondents’ motion to dismiss the petition against him on jurisdictional grounds,” she wrote, while also denying Trump’s request for discovery in the case.

Amy Spitalnick, a spokeswoman for New York Attorney General Barbara Underwood, who brought the case, tweeted that the lawsuit detailed how “the Trump Foundation functioned as a personal piggy bank to serve Trump’s business & political interests.”

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