Posted on Jan 4, 2018
Donald Trump issues legal threat to Steve Bannon after book revelations
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Trump may not be able to stop the book but the legal threat to Steve Bannon may be legitimate, at least from a civil perspective.
Donald Trump issues legal threat to Steve Bannon after book revelations
Posted from theguardian.com
Donald Trump
Office of the President (POTUS)
Freedom of Speech
Law
Posted 7 y ago
Responses: 8
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Can one of our lawyer folks validate this:
http://www.weeklystandard.com/omerta-can-president-trump-really-enforce-an-nda-against-steve-bannon/article/2011015
http://www.weeklystandard.com/omerta-can-president-trump-really-enforce-an-nda-against-steve-bannon/article/2011015
Omerta: Can President Trump Really Enforce an NDA Against Steve Bannon?
Yesterday evening, “President Donald J. Trump and Donald J. Trump for President, Inc.” sent Steve Bannon a cease and desist letter threatening him with civil prosecution for “defamation by libel and slander, and breach of his written confidentiality and non-disparagement agreement.” Can they really do that?Let’s do the easy one first. Donald Trump is the very definition of a public figure, so the standard in NY Times v. Sullivan applies: In...
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SGT Jeremiah B.
Seems on point to me. Trump has never quite caught on to the fact that he's not a private citizen and the courts ruling that non-disparagement clauses can be used by politicians would be a disaster of epic proportions.
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PO1 (Join to see)
SGT Jeremiah B. - Capt Gregory Prickett - Thanks gents!
Here is a question though: Could Donald J. Trump for President, Inc. enforce portions of the NDA if his book includes information about the campaign? I would imagine that the NDA would be unenforceable if it contains information about President Trump and things that happened under the umbrella of his administration, but if he includes information about the campaign (private campaign entity), can an NDA be enforced?
Here is a question though: Could Donald J. Trump for President, Inc. enforce portions of the NDA if his book includes information about the campaign? I would imagine that the NDA would be unenforceable if it contains information about President Trump and things that happened under the umbrella of his administration, but if he includes information about the campaign (private campaign entity), can an NDA be enforced?
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PO1 (Join to see)
Capt Gregory Prickett - That is interesting. I didn't consider that. He would have to prove what he is suing for, right? The discovery phase of that suit could be problematic.
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Trump always threatens legal action, then backs down. A letter from a lawyer is nothing. Let’s see if he actually files a suit. Of course, we’re still waiting for the lawsuits he said he was going to file against every single woman who claimed he sexually harrassed them, because they were all complete liars.
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Maj Kevin "Mac" McLaughlin
There's an NDA in this case. Bannon better hope he makes enough money from the book to cover the legal expenses and penalties he will undoubtedly get.
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LTC (Join to see)
Maj Kevin "Mac" McLaughlin - perhaps. We’ll see how it plays out. But I suspect that Trump would try and avoid an actual lawsuit as it may open him up to the discovery process and he tends to be a pretty secretive guy.
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