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A New York appeals court has denied a motion by President Donald Trump's attorney to stay the Summer Zervos defamation case pending appeal, meaning the gathering of evidence known as "discovery" can move forward as both parties await a ruling on the appeal.Zervos, a former "Apprentice" contestant, filed a lawsuit against Trump in January 2017 in which she alleged that Trump defamed her in 2016 after she said he sexually assaulted her in 2007.Trump's lawyer, Marc Kasowitz, is appealing the March 20 ruling by New York Supreme Court Justice Jennifer Schecter, who allowed the case to go forward. He wants the appellate court to revisit the matter of whether the Constitution's Supremacy Clause bars a state court from hearing an action against a sitting president -- what would be considered immunity, because it would make the President immune from suit. Schecter ruled it does not. Kasowitz also argues that Schecter erred in denying the President's motion to dismiss or delay the case on First Amendment grounds.Kasowitz said his motion should be granted on the grounds that New York and federal law both mandate a stay pending appeal, that proceeding with the case could irreparably harm Trump, and that the temporary suspension being sought was not designed to delay the case. But the Appellate Division of the New York Supreme Court denied his motion in a one-page ruling."We look forward to proving Ms. Zervos's claim that defendant lied when he maliciously attacked her for reporting his sexually abusive behavior," said Zervos' attorney, Mariann Meier Wang. Kasowitz did not immediately respond to a request for comment on the ruling.Earlier this month, Zervos' team issued subpoenas to Metro-Goldwyn-Mayer and the Beverly Hills Hotel as part of their effort to prove that Trump lied "when he falsely denigrated Ms. Zervos and denied sexually assaulting her," Wang said. She set a May 31 deadline for both companies to comply with the subpoena for the material requested.MGM owns the archives of "The Apprentice" and Wang wants the company to hand over all documents, video or audio that feature Zervos or Trump talking about Zervos and any recording in which Trump speaks of women in a sexual or inappropriate manner. Wang also wants to depose an MGM representative to inquire about how recordings of "The Apprentice" are stored and maintained, who has access to them, and when, if ever, they were transferred or destroyed.The subpoena asks for "(a)ll video and audio recordings that include Donald J. Trump talking or commenting on the female candidates or female potential candidates of any season of The Apprentice in any sexual or inappropriate manner, including without limitation any statements or comments by Donald J. Trump concerning any female candidate's or potential candidate's body or body parts and/or his sexual or romantic desire or intention concerning any female candidate or potential candidate."Wang also wants records from the Beverly Hills Hotel of any stay by Trump from 2005 through 2009 and documents related to his longtime bodyguard Keith Schiller, his longtime assistant Rhona Graff or Zervos and for "(a)ll video recordings that depict the entrances, common areas, or bungalow areas of the Beverly Hills Hotel during the month of December 2007."The-CNN-Wire 3308

A Russian journalist and Kremlin critic, reported to have been shot dead in Ukraine, has appeared alive at a news conference.Arkady Babchenko was earlier reported to have been killed in his apartment building in the Ukrainian capital Kiev,.Ukrainian state news agency Ukrinform had said that Babchenko, 41, was shot in the back and died in an ambulance, citing his friend and supervisor, Ayder Muzhdabaev, deputy general manager of Ukrainian TV channel ATR.Police in Kiev said Babchenko's wife found him outside their apartment.But Ukrinform later reported that Babchenko was alive.This is a developing story - more to comeThe-CNN-Wire 643

A suspect wanted in the fatal shooting of a prominent Houston cardiologist is the subject of an arrest warrant, Houston police said at a news conference on Wednesday.Joseph James Pappas, 65, is the suspect, Chief Art Acevedo said. He has not been seen for the past two days, the chief said.Acevedo told reporters a tip came in Tuesday after surveillance video released a day before showed the suspect, whom someone said they recognized.The suspect's mother was a patient of the doctor and died during surgery 20 years ago, Acevedo said.Dr. Mark Hausknecht, who treated former President George H.W. Bush, was fatally shot as he rode to work at Houston Methodist Hospital on July 20.The renowned cardiologist and the suspect were seen shortly before the shooting riding their bicycles on South Main Street, police said. 825

A Tennessee woman was behind a security threat that placed the White House on lockdown.The vehicle that rammed the security gate Friday afternoon is registered to Jessica R. Ford, a woman who has had run-ins with Secret Service in the past. The car also had Rutherford County tags.The incident report says Ford intentionally hit the fixed security barrier with her car while holding a gun in her hand behind the wheel.According to the report, Ford hit the gate, and continued to accelerate, while an officer demanded she put the gun down multiple times. Witnesses reported seeing smoke from her vehicle's tires.When she did not comply,  the officer removed the gun from hand before she was pulled from behind the steering wheel.Once they pulled her out of the driver's side window, they handcuffed her and searched the vehicle.The White House was placed on lockdown for about an hour during the investigation. The Secret Service confirmed no shots were fired during the incident, and no law enforcement personnel were injured.President Trump was inside the White House at the time, hosting Australian Prime Minister Malcolm Turnbull. Turnbull remained at the White House as the incident was being investigated.The incident wasn't Ford's first run-in with secret service. According to reports, Ford tried to get past security and scale a fence at the White House in April, May and July of 2017.  She was arrested and charged with unlawful entry and ordered to stay away from the White House grounds.Ford has a lengthy criminal history in Tennessee as well. In 2003, she was charged with DUI and prescription fraud. From 2004 to 2006 she was charged with multiple counts of violation of probation and resisting arrest. In 2011,  in Nashville she was charged with criminal trespassing.The Secret Services said Ford is now facing multiple charges in connection to Friday's incident including Unlawful Entry, Carrying a Pistol without a License, and Destruction of Government Property.Learn more about Friday's incident here. 2113

A top Republican official in the area President Donald Trump is visiting Tuesday is asking him to wear a mask.The president held a campaign rally event inside an airport hangar in Winston-Salem. The campaign has said masks, hand sanitizer and temperature checks will be provided for attendees.Dave Plyler, the Republican chairman of the Forsyth County Board of Commissioners, told local media he believes Trump should wear a mask while visiting."It's been ordered by the governor," Plyler said of the state's face-covering mandate. "When in Rome, do as the Romans do. When in North Carolina, do as the governor says."Trump took the stage Tuesday evening without a mask on. While some in attendance, especially those seated directly behind Trump, wore masks, the majority did not, according to photos submitted by the Associated Press.North Carolina Governor Roy Cooper’s mask mandate is still in effect. Cooper is a democrat."He (Trump) is a citizen of the United States, but he is also a guest in our county," Plyler told the Winston-Salem Journal. "Without a mask, he could get sick, and he could blame the governor."Plyler is a supporter of the president and is pleased he is making the trip to Winston-Salem. However, he believes if Trump wore a mask, it would set the right example for other people."You know what would be neat? If before he got off the plane if he gave everybody a box of Make America Great Again masks," Plyler told CNN.The president has encouraged wearing masks and keeping socially distant during the pandemic. However, he is rarely seen in one in public.He has worn a mask on a few occasions in public, including during a visit in July to Walter Reed National Military Medical Center.North Carolina reported just over 1,000 new coronavirus cases on Monday. The state has reported a total of around 180,000 cases and 2,930 deaths. Forsyth county, where Winston-Salem is located, has reported 6,457 cases and 82 deaths from coronavirus. 1969