Appeals court lifts restraint against Trump book publisher

Clay Curtis
July 3, 2020

Ted Boutrous, a renowned First Amendment attorney who represents Mary Trump, and who has also represented CNN on matters in the past, said the order "flatly violates the First Amendment". That effectively enables the publisher to continue distributing copies of the book in preparation for the planned July 28 publication, even as the overall merits of the case are argued.

The book, titled "Too Much and Never Enough: How My Family Created the World's Most Dangerous Man", has already ascended to the top of bestseller lists based on pre-sales, underscoring the intense interest in a rare insider account by a member of the Trump family.

"Justice Alan Scheinkman's ruling, however, put off addressing a central aspect of the bitter spat about the manuscript that has been roiling all month in the Trump family: whether, by writing the book, Ms. Trump violated a confidentiality agreement put in place almost 20 years ago after a struggle over the will of her grandfather, Fred Trump Sr., Donald Trump's father", the report said. Robert Trump has sought to block the book by Mary Trump, the President's niece, contending it violates a confidentiality agreement related to the estate of the President's father, Fred Trump.

Justice Alan D. Scheinkman Wednesday did not address if Mary Trump could be legally constrained by the confidentiality agreement but said Simon & Schuster is not bound by it, The New York Times reported. "We will immediately appeal", Boutrous said.

Simon & Schuster said in a filing on Tuesday that it had not been aware of the terms of the settlement, but it said that it still had the right to publish the book without prior restraint.

"We plan to immediately appeal this decision to the Appellate Division, and look forward to prevailing in this case based on well-established precedents regarding prior restraint", he said.

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He said in a statement the actions by Mary and her publisher were "truly reprehensible". Greenwald in Poughkeepsie ordered Tuesday that no portion of the book can be distributed before he decides the validity of Robert Trump's claims.

While it has always been known that the inheritance case was settled confidentially, the terms of that agreement were not made public until Robert Trump filed his petition last week to stop publication the book. Now her book describes a "nightmare" of family dysfunction.

This story was first published on CNN.com, "Judge temporarily blocks publication of tell-all book by President Trump's niece". That provision, Robert Trump has argued, was agreed upon by all parties, including Mary Trump.

"Thee New York Times's detailed analysis and investigation revealed for the first time that the valuations on which I had relied in entering into the settlement agreement, and which were used to determine my compensation under the agreement, were fraudulent", Mary Trump said in Thursday's filing.

Earlier this month, the USA justice department was denied an injunction to block a memoir by John Bolton, President Trump's former National Security Adviser.

Mary Trump is a trained psychologist who was reportedly a source for New York Times reporting on Trump family tax affairs and who has expressed opposition to her uncle on Twitter.

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