Manigault Newman, a former White House aide and “Apprentice” star, was booked after Donald Trump wrote an entire book about serving in his administration.
Former President Donald J. Trump has lost an attempt to enforce a non-disclosure agreement against Omarosa Manigault Newman, a former White House aide and a star on “The Apprentice,” who wrote an entire book about serving in his administration.
Decisions in the case, which Mr Trump’s campaign filed with the American Arbitration Association in New York in August 2018, have left the former president embroiled in a number of investigations and legal matters related to his private company.
“Donald has used this type of harrowing lawsuit to intimidate, harass and intimidate for years,” Ms Manigault Newman said in a statement. “The bully has finally met his match!”
The decision, dated Friday and handed down on Monday, calls for him to take legal fees from the Trump campaign.
Mr Trump’s campaign filed the case shortly after Ms Manigault Newman published her book “Unhinged”. It claimed that she had violated a non-disclosure agreement signed during the 2016 campaign that said she would not disclose personal or confidential information about her family, business or personal life.
The book paints a picture of an out of control president who is in a state of mental decline and is plagued by racist and misogynistic behavior. Ms Manigault Newman’s book also portrays the former president’s daughter Ivanka Trump and her son-in-law Jared Kushner in a negative light. When Trump advisers tried to cast doubt on Ms Manigault Newman’s accounts, they released audio recordings, supporting many of her claims.
In a statement Tuesday morning, Mr Trump said nothing about the arbitration case, and instead attacked Ms Manigault Newman in personal terms.
The media- and image-obsessed Mr. Trump has for years used non-disclosure agreements to prevent staff members from speaking publicly about him and from making derogatory remarks like Ms. Manigault Newman or writing books. has done.
Arbitration is confidential, meaning that only the parties involved can release information about the case. In papers provided by Ms Manigault Newman’s lawyer, John Phillips, the arbitrator, Andrew Brown, said the definition of the type of comment protected by the non-disclosure agreement was so vague that it was rendered meaningless. Furthermore, he wrote, the statements Ms Manigault Neumann made hardly contained privileged information.
“The statements do not disclose hard data such as internal voting results or donor financial information,” Mr Brown wrote. “Rather, they are for the most part merely an expression of unflattering views on what are deemed ‘confidential information’ based solely on Mr. Trump’s designation. This is precisely the kind of uncertainty that New York courts consider the terms of the binding contract.” not allowed to create.”
At another point, Mr. Brown wrote that the settlement “effectively imposes an obligation on the defendant not to say anything remotely critical of Mr. Trump, his family, or the lives of his or her family members for the rest of their lives.”
“Such a burden is certainly unreasonable,” the arbitrator said.
Mr Phillips, who lives in Florida, said the lawsuit was an abuse of power by a current president. “It’s over,” he said. “We live in the chosen platform of Donald Trump and the Trump campaign.”
Schindlin, a retired Federal District Court judge for the Southern District of New York, arbitration decisions do not set a precedent. That means there is no potential impact from the Manigault Newman case on those filed against other Trump employees.
However, a decision in one case “can be persuasive” in another, said Cliff Palefsky, an attorney in San Francisco who is an expert in the arbitration process. In the decision in Ms Manigault Newman’s case, the arbitrator referred to a decision in a class-action suit filed in New York by Jessica Denson, a former Trump campaign aide. In that case, a judge ruled that the Trump campaign’s nondisclosure agreements were not enforceable.
Charles Harder, the defamation lawyer who had represented Trump for years and who was handling Ms Manigault Newman’s arbitration case, parted ways with Trump before the decision was released.
The decision on the ground of alleged fraud cannot be appealed against the arbitrator hearing the case. This gives Mr Trump little recourse to continue cracking down on his former aide.