The New York State Supreme Court has rejected a motion to dismiss a lawsuit against the Donald J. Trump Foundation.
New York Attorney General Barbara Underwood sued the foundation and its directors ― President Trump, Donald Trump Jr., Eric Trump and Ivanka Trump ― in June. The suit alleged that the foundation ― which characterizes itself as a charitable organization ― was “little more than an empty shell” and that Trump used the funds like a personal bank account, violating tax laws.
Underwood announced Friday on Twitter that Justice Saliann Scarpulla of the state Supreme Court in Manhattan denied the request of Trump’s attorneys to dismiss the suit.
In her decision, Scarpulla addressed arguments made by Trump’s attorneys. She noted that, although his attorneys had argued that a “sitting president may not be sued,” they had “failed to cite a single case” in which a court dismissed a suit against a president based on “unofficial acts” ― in other words, actions not taken in his capacity as president.