Only a few hours after surprising revelations about Mary Trump's highly anticipated Trump family were released. All too much and never enough: As my family created the most dangerous man in the world, the President's brother fervently asked a judge to continue gagging his niece.
At the heart of Robert Trump's legal arguments is the claim that if the book were not stopped, it could undermine and destabilize all private confidentiality agreements, such as the one signed by Mary Trump in the disposition of the family patriarch Fred Trump. Both Mary Trump and publisher Simon & Schuster have stated that despite the non-disclosure agreement, they have an initial right to adjust the distribution of the information.
Prominent lawyer Charles Harder, who represented the older generation of Trumps, insisted that Mary Trump's account of her family in the memoirs that The Daily Beast first reported last month that they were "harrowing and violent" was not a protected political one Speech. Instead, the situation is similar to cases of copyright infringement where courts have ruled the first change that are not applicable.
"Her descriptions and reports of her" relationship "with Donald Trump are personal observations, not political comments," argued Harder. "Like the rules that allow copyright and trademarks to be enforced, the rule that private contracts are enforceable is not a language limitation."
In addition, Harder claimed that book publishers like Simon & Schuster do not enjoy the same protection that the Supreme Court has granted news organizations. This reasoning seems to be based on what he claimed to be, a fundamental difference in how the two different types of media operate as a company and receive information.
Journalists have the right to publish material that has been unlawfully obtained because, according to Harder, "they passively receive information obtained independently from sources". However, book publishers claimed by Harder are inherently involved in the crime – and benefit in connection with the author – and are therefore subject to legal restrictions that reporters are not exposed to.
“Book publishers pay their authors for the creation of books under lucrative publishing contracts. The manuscripts will then be edited by employees of the publisher and the author in a joint process before publication, ”he continued. "No case has ever extended the special privileges of collecting news to book publishers."
Harder continued to accuse Simon & Schuster of several "malicious intentions", including sending copies of the book to retailers despite knowing Mary Trump's confidentiality agreement, and then tried to argue that "the horse was out of the stable". If Judge Greenwald decided the case in favor of the author or publisher, it would create a dangerous new gap in the confidentiality agreements, argues Harder.
"Any author who has a legal limitation, even if they have reached an injunction agreement, would simply have to find a publisher who is ready to get the book out quickly," he wrote. “This would be the first address for anyone who is subject to a legitimate confidentiality agreement that they want to violate. Just find a publisher and write it in a book. "
A representative from Simon & Schuster did not respond to a request for comment.
The Tuesday Beast, after receiving a copy of the book, released many of its damned revelations earlier Tuesday, including that Trump was said to have paid a friend for taking the SAT for him when he applied to college Sister and his former covenant Judge Maryanne called him a "clown" after announcing his candidacy for the White House. When his brother Fred Jr. died in a hospital of alcoholism, he went to the movies.
The Daily Beast initially reported that Mary would "come out" in the book as the main source for the New York Times Pulitzer Prize investigation into the president's taxes to reveal how he made more than $ 400 million from the His father's real estate was given to Reich and was involved in "fraudulent" tax systems. As she reveals in the book, Mary provided the newspaper with tax returns from Fred Trump Sr. and other highly confidential financial information.
Mary Trump's lawyer, Theodore Boutrous Jr., told The Daily Beast in a statement late Tuesday: "Robert Trump's letter contradicts the first change, ignores fundamental contract law, and does not fully justify prior reluctance that prevents Mary Trump from Publish her book and participate in key political speech about the President based on her own experiences and observations. "
The book, which is number one on Amazon's bestseller list, will hit stores on Tuesday. Those familiar with the matter say Mary is preparing for a major media tour to promote it despite the existence of the injunction.
The White House struck back in a statement Tuesday saying that Mary Trump and Simon and Schuster acted in "financial self-interest."
"President Trump has been in office for over three years and works for the American people – why speak now?" White House spokeswoman Sarah Matthews said.
“The president described the relationship he had with his father as warm and said his father was very good to him. He said that his father was loving and not hard for him as a child. The absurd SAT claim is also completely wrong. "