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NDA Nondisclosure agreements signed by White House Staff in the Trump admin
[url=https://www.washingtonpost.com/opinions/trumps-nondisclosure-agreements-came-with-him-to-the-white-house/2018/03/18/226f4522-29ee-11e8-b79d-f3d931db7f68_story.html?utm_term=.51717c266bd0]Wapo reported[/url] months ago that the Trump administration forced White House staff to sign NDAs.
“[i]In the early months of the administration, at the behest of now-President Trump, who was furious over leaks from within the White House, senior White House staff members were asked to, and did, sign nondisclosure agreements vowing not to reveal confidential information and exposing them to damages for any violation. “[/i]
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He was also known to take the same approach to staff during the campaign.
ACLU responded at that time:
[link=http://thehill.com/blogs/blog-briefing-room/news/379124-aclu-alleged-trump-nondisclosure-agreements-are]ACLU: Trump nondisclosure agreements for White House staffers are ‘unconstitutional’ | TheHill[/link]The American Civil Liberties Union slammed [link=http://thehill.com/people/donald-trump]President Trump[/link] on Monday, following reports that he made White House staffers sign nondisclosure agreements forbidding them from discussing their time in the administration.
Quote:
Public employees cant be gagged by private agreements. These so-called NDAs are unconstitutional and unenforceable.
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Well… now it looks like the WaPo reporting was correct. Omarosa has an NDA
And, though I don’t find much of value in her spat with Trump or her book or her tyapes or the N-word, I do find it fascinating that Omarosa v. Trump might test the legality of the nondisclosure agreements.
[url=https://www.theguardian.com/us-news/2018/aug/14/donald-trump-latest-news-tweets-omarosa-john-kelly-firing]Trump sues Omarosa for viloation of NDA[/url]
Donald Trump has escalated a bitter row with his former aide [link=https://www.theguardian.com/us-news/omarosa-manigault-newman]Omarosa Manigault Newman[/link], praising his chief of staff, John Kelly, for quickly firing that dog. Hours later, the Trump campaign reportedly filed for arbitration, accusing Manigault Newman of breaching a 2016 non-disclosure agreement.
Manigault Newman, a former adviser to the US president and contestant on the reality TV show The Apprentice, has released [link=https://www.theguardian.com/us-news/2018/aug/13/trump-omarosa-manigault-newman-releases-secret-recording-president]two secret recordings[/link]related to her firing and another one related to the claims that Trump used the N-word as she promotes [link=https://www.theguardian.com/us-news/2018/aug/12/unhinged-omarosa-manigault-newman-book-trump]her [/link][link=https://www.theguardian.com/us-news/2018/aug/12/unhinged-omarosa-manigault-newman-book-trump]memoir, Unhinged[/link].
In a [link=https://edition.cnn.com/2018/08/14/politics/omarosa-trump-campaign/index.html?utm_content=2018-08-14T15%3A42%3A58&utm_medium=social&utm_term=image&utm_source=twCNNp]statement[/link] to CNN on Tuesday, Trumps campaign said that it had filed an arbitration against Omarosa Manigault Newman, with the American Arbitration Association in New York City, for breach of her 2016 confidentiality agreement with the Trump Campaign. It is the first legal action the campaign has launched since Manigault Newman revealed details in her tell-all book about her time as a Trump campaign adviser and senior White House aide.
Here’s another fresh legal opinion today:
[url=https://www.washingtonpost.com/news/posteverything/wp/2018/08/14/the-constitution-wont-let-trump-silence-white-house-aides/?utm_term=.ac5ab103a15b][b][size=”0″]The Constitution wont let Trump silence White House aides[/size][/b]
No matter how much the president loves them, the government can only enforce nondisclosure agreements for classified information.[/url][/h2]such NDAs for government workers, when they go beyond prohibiting the disclosure of classified information, are unconstitutional on their face. I know, because I have litigated more pre-publication-review classification challenges against the government during the past 25 years than any other attorney[i]. [/i]For decades, courts have made it clear that the government may not censor unclassified material, contractually or otherwise. Legal challenges during the 1970s and 1980s against the CIA settled the question that the government has no legitimate interest under the First Amendment in censoring unclassified information.
I have reviewed one document that is purportedly a version of the White House NDA. It appeared to be nothing more than a Trump Organization document that was modified to apply to White House staff in fact, it still had a provision that in any litigated dispute, the parties agreed that New York state law would apply, language that no standard federal document would ever have used. It was also [link=https://www.washingtonpost.com/opinions/trumps-nondisclosure-agreements-came-with-him-to-the-white-house/2018/03/18/226f4522-29ee-11e8-b79d-f3d931db7f68_story.html?utm_term=.ab68de8e5664]publicly reported[/link] that one early draft of a White House NDA contained a provision that imposed a $10 million fine to be paid to the federal government if the signatory shared confidential information. While the term confidential in D.C. parlance is part of the national security classification framework, in these NDAs, it referred to potentially derogatory and unclassified information pertaining to the president.
In customary aggressive Trump fashion, his campaign entity, Donald J. Trump for President Inc., rather than the U.S. government, has [link=https://www.washingtonpost.com/politics/trump-campaign-files-arbitration-action-against-omarosa-manigault-newman/2018/08/14/0ea8bd24-9fd8-11e8-93e3-24d1703d2a7a_story.html]reportedly filed for arbitration[/link] against Manigault Newman seeking millions for a violation of a 2016 NDA. The NDA allegedly required her to keep proprietary information about the president, his companies or his family confidential and to never disparage the Trump family during the term of your service and at all times thereafter. This clause is in direct conflict with the legal precedents governing federal employees, but how an arbitration body will interpret constitutional questions is anyones guess.