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Is Trump Really About to Use the Brett Kavanaugh Calendar Defense to Defeat Summer Zervos?


The Summer Zervos defamation case against President Donald Trump marches on. The former Apprentice contestant has accused Trump of groping her in Los Angeles in December 2007 and sued him for calling that accusation a politically-motivated lie. The latest development in the case is that both sides have agreed that portions of Trump’s calendar from 2007 to 2008 will be entered into discovery, the Washington Post reported.

Many people out there on the internet saw the word “calendar” and instantly thought of one person: Supreme Court Justice Brett Kavanaugh.

These are only a few examples. So, is Trump really preparing to follow in his Supreme Court pick’s footsteps in defense of self? The answer to that is that we have a case of apples to oranges on our hands.

Why did Kavanaugh produce a calendar? In an attempt to provide evidence that would suggest he could not have sexually assaulted Dr. Christine Blasey Ford back in high school. In other words, he voluntarily submitted it as exculpatory evidence.

In this case, Trump attorney Marc Kasowitz, Trump Organization attorney Alan Garten and Zervos attorney Mariann Wang have reached an agreement that the calendar be entered into evidence after the judge had compelled discovery. What those calendars show and how they may be used by the defense (or attacked by the plaintiff) remains to be seen. In the end, these calendars could undermine Trump rather than help him.

The calendar evidence reportedly includes entries from the relevant time period, when the alleged groping and forcible kissing occurred.

This win of sorts for Zervos comes on the heels of a Trump win.

Zervos sought discovery materials including records related to other women’s claims about the president, but Trump and his attorney Marc Kasowitz successfully resisted that effort. New York Supreme Court Justice Jennifer Schecter agreed that evidence should stay Zervos-specific.

Nonetheless, Schecter ruled that Trump would have to turn over limited records and provide sworn written answers to certain questions, having to do with whether he had a strategy related to his statements about the allegations against him, and if he made the statements with actual malice.

As the Washington Post noted, Schecter said Jan. 31 is the deadline for parities to give depositions. Trump has already agreed to answer questions under oath.

Ronn Blitzer contributed to this report. 

[Image via Mandel Ngan/AFP/Getty Images]

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Matt Naham is the Senior A.M. Editor of Law&Crime.