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We know this from a fame spreems court case. bill clinton against paula jones. and the supreme court said, yes, a private citizen can sue a sitting president for defamation. that case had major historical ramifications because that case led to the discovery of the monica lewinsky affair which led to perjury which led to impeachment. the supreme court draws an important distinction between a president s official and unofficial acts. you cannot sue a president for his official acts. he has immunity for that. if he does things in his personal capacity, including attacking people, potentially defaming them, then, yes, that can be the subject of a suit. i know what our viewers are thinking. if you can sue the sitting president, why can t you indict the sitting president? we have that doj policy. our viewers ask a lot about it. in the doj policy itself, they talk about the paula jones decision. criminal charges are different because in a criminal case you can end up with a president behind b ....
Immune from court. does this have merit? there is an argument that the state court judge can t enforce something against a federal officer. and he clearly is a federal officer. if i go to court in a criminal case and i want to subpoena in an fbi agent, in a state court action, i have to go through a process to get the department of justice to analyze whether they re going to comply. and they don t have to comply. i have a case right now where i m trying to get a state court judge s order honored by feds. and the feds take the decision in states throughout the united states, that they don t have to comply. they have an argument. the argument about immunity was settled in the jones versus clinton case. i m not so sure now. i remember at the time. part of the rationale is that it s not going to take up that ....
What s your reaction? of course, president trump has indicated he plans to be president for seven more years. if his argument were to prevail, our case would be stayed for seven years. it was the burden of the defendant, trump, to prove why there should be a stay. in that time, evidence can be lost, memories could fade. we think that could prejudice our client. we don t think it should be stayed at all. the judge is deciding whether this defamation lawsuit will go forward. how long will it take? what happens next? do we know when the judge could make a decision? i thought the judge was thoughtful. she was extremely well prepared. our opposition and his reply and the cases. she had many, many questions for ....
The supreme court did say, the issue of whether or not there would be immunity, if it was brought in state court, was left for another day. i don t know why it wasn t brought in federal court, to eliminate the risk that trump may have immunity. it s in state court. as f you read the paula jones decision, the court was worried of interference of the judiciary of the operation of the president. a pencetive court or judge, can do justice and allow the case to proceed and give both sides their opportunity to have their case heard in court. mark, here s what s he s saying. president trump s attorney has argued that the president is ....
He can be sued for that. you potentially would have an opportunity to depose the president of the united states. if we are allowed to proceed with the lawsuit. is anything off his past off-limits to you? we would be entitled to engage in discovery. deposition would be part of that in a normal lawsuit. one of the arguments that president trump s lawyers made today was he is too busy. we said we are willing to accommodate the president s schedule. in the effect, that we needed to take his deposition, we would take it at mar-a-lago between his rounds of golf because we want to accommodate his schedule. if you re going to pursue this and if any decision should be made, it should be done after the president of the united states, when he s done serving. ....