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And, Scarpulla said, this is consistent with the 1997 US Supreme Court ruling on President Bill Clinton in response to Paula Jones' lawsuit for sexual harassment.
"To allow this action to unfold is very much in line with the Supreme Court's decision in the Clinton v. Jones case that the President of the United States is" subject to the law for his acts purely private ", wrote Scarpulla.
As she did in court in October, the judge noted that Trump had appealed the decision in the Zervos case. If the appellate court ruled in his favor, the Attorney General's office would probably have to change his lawsuit to dismiss him as a defendant.
The case is currently being reviewed by the New York Supreme Court, the state's trial court.
The lawsuit, filed in June, designates as defenders the foundation, Trump and his children Eric, Donald Jr. and Ivanka Trump, who all sat on the board of directors of the charity. They allege that they violated federal and state laws on charities with "persistent" behavior including unlawful coordination with Trump's 2016 presidential campaign.
The Attorney General's Office, headed by Barbara Underwood, is seeking to dissolve the Trump Foundation and is seeking $ 2.8 million in restitution with additional penalties. The office is also seeking to ban Trump from serving on the board of directors of a New York non-profit organization for 10 years and to members of the Trump Board of Trump sit for a year.
"As we detailed in our petition earlier this year, the Trump Foundation was operating as a simple checkbook serving Mr. Trump's commercial and political interests," Underwood said Friday. "There are rules that govern private foundations – and we intend to apply them, regardless of who is responsible for the foundation."
Alan Futerfas, the accused's lawyer, did not immediately respond to a request for comment.
The judge gave the accused 45 days to respond to the complaint.
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