(AP Photo/John Raoux)

Trump Foundation lawsuit paused until higher court weighs in

October 25, 2018 - 5:16 pm

NEW YORK (AP) — A New York judge is mothballing a lawsuit over President Donald Trump's charitable foundation until a higher court decides whether a sitting president can be sued in state court.

State Supreme Court Justice Saliann Scarpulla heard arguments Thursday from a Trump attorney who wants her to dismiss the lawsuit brought by New York state's Democratic attorney general.

The lawsuit alleged Trump and his foundation used his charity's money to settle business disputes and to boost his 2016 presidential campaign.

The lawsuit against Trump and three of his children who serve as the foundation's directors seeks $2.8 million in restitution and the foundation's dissolution.

Scarpulla says the lawsuit can likely proceed if the higher court rules in an unrelated defamation case against Trump that he can be sued in state court.