New York judge rejects Trump claim that he can't be sued because he is president

In her ruling, Justice Saliann Scarpulla of the New York state Supreme Court shot down an argument from the Trump family’s attorneys that the case should be dismissed because the Supremacy Clause of the U.S. Constitution suggests “a sitting president may not be sued.”

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Scarpulla also rejected Trump’s argument that the state court lacked jurisdiction over the president in this case. While the Constitution prohibits state courts from exercising “direct control” in a way that interferes with federal officers’ duties, Scaruplla wrote: “Here, the allegations raised in the Petition do not involve any action taken by Mr. Trump as president and any potential remedy would not affect Mr. Trump’s official federal duties.”

Scarpulla noted that the defendants “have failed to cite a single case in which any court has dismissed a civil action against a sitting president on Supremacy Clause grounds, where, as here, the action is based on the president’s unofficial acts.”

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