Trump's attorneys say he should be immune from a sexual misconduct lawsuit brought by a former 'Apprentice' contestant while he is in office
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Trump faces a defamation lawsuit brought by former 'Apprentice' contestant Summer Zervos who accuses him of groping her at the Beverly Hills Hotel in 2007.
Twenty years ago, the US Supreme Court ruled unanimously that President Bill Clinton was not immune from a sexual harassment lawsuit brought by Paula Jones.
Clinton's attorneys argued that the separation-of-powers doctrine under the US Constitution meant that he could not be sued while he was in office for conduct predating his presidency.
The court unanimously rejected that claim.
Attorney Gloria Allred, who represents Zervos, contends Trump is indeed subject to litigation for his conduct prior to assuming office.
She said: "The United States Supreme Court addressed this legal immunity issue in Clinton v. Jones and determined unanimously that no man is above the law and that includes the President of the United States.
"We look forward to arguing this issue in court."
Attorney Marc E. Kasowitz wrote: "As the US Supreme Court has repeatedly recognised, courts should show great deference to the President and his duties."
Kasowitz said that Trump will seek to dismiss the lawsuit or put it on hold for the duration of his presidency.
He also argued that all other issues in the case should be put on hold until the immunity question is resolved "and all appeals exhausted."
Justice John Paul Stevens wrote: "If this case were being heard in a state forum, instead of advancing a separation-of-powers argument, petitioner would presumably rely on federalism and comity concerns, as well as the interest in protecting federal officials from possible local prejudice that underlies the authority to remove certain cases brought against federal officers from a state to a federal court.
"Whether those concerns would present a more compelling case for immunity is a question that is not before us."
Trump's motion also requests a 60-day delay in briefing deadlines, in part due to "the President and his staff's exceptionally busy schedule particularly during his first 100 days in office."
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