A judge ruled on Wednesday that the publisher of Trumps nieces memoir is not bound by a confidentiality agreement that she signed.
As such, publisher Simon & Schuster can print and distribute the 240-page book by Mary Trump, Judge Alan D. Scheinkman of the New York Supreme Courts appellate division said in a ruling on Wednesday (pdf).
The book, titled “Too Much and Never Enough: How My Family Created the Worlds Most Dangerous Man,” was scheduled to be published on June 28. The book reportedly offers an unflattering portrait of her relationship with her uncle and other family members.
The book was promoted to contain an “insiders perspective” of “countless holiday meals,” “family interactions” and “family events.”
However, its publication was held back on June 30 when a judge issued a temporary restraining order against Mary Trump and Simon & Schuster.
The restraining order was requested by President Donald Trumps brother, Robert Trump, who said that the book would violate a nondisclosure agreement that was part of the estate of President Trumps father, Fred Trump, after his death in 1999. Mary Trump is Fred Trumps granddaughter.
Their settlement nearly two decades ago included a confidentiality clause that explicitly states they would not “publish any account concerning the litigation or their relationship,” unless all of them agreed, according to court papers.
Both Mary Trump and her publisher appealed the order less than three hours after it was issued.
Scheinkmans ruling leaves in place restraints against Mary Trump and any of her agents, blocking them from publishing, printing, or distributing the book, pending the hearing of lawyers for Robert Trumps motion for a preliminary injunction. A July 10 hearing is scheduled.
“This court is of the view that it is appropriate, in view of the confidentiality provision of the settlement agreement and the showing made in the plaintiffs papers, for a temporary restraining order to issue as against Ms. Trump to temporarily enforce its terms pending a hearing on the preliminary injunction. The Supreme Court may revisit the restraining order upon its timely review of the defendants submissions and its conduct of further proceedings,” Scheinkman wrote.
Judge Says Publisher is Not Mary Trumps Agent
But while Mary Trump has entered into a settlement, “S&S is not a party to the settlement agreement,” Scheinkman noted.
“The only basis offered by the plaintiff to extend the temporary restraining order to S&S are the allegations that S&S intends to act on Ms. Trumps behalf in causing the publication of the book and that S&S is acting at Ms. Trumps direction and in concert with her,” he wrote.
“However, these allegations are conclusory and not supported by any specific factual averments,” Scheinkman contended. “Unlike Ms. Trump, S&S has not agreed to surrender or relinquish any of its First Amendment rights.”
He later added: “While the plaintiff has alleged, in effect, that S&S is Ms. Trumps agent, the evidence submitted is insufficieRead More From Source