Mary Trump’s book about her famous uncle Donald, “Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man,” (affiliate link) is slated for release by Simon & Schuster on July 28.
That leaves just five weeks for Charles Harder to bully, threaten, or cajole the author into pulping the “authoritative portrait of Donald J. Trump and the toxic family that made him, [by] Mary L. Trump, a trained clinical psychologist and Donald’s only niece, shines a bright light on the dark history of their family in order to explain how her uncle became the man who now threatens the world’s health, economic security, and social fabric.”
It’s a tall order, what with prior restraint being not a thing, but the Gawker-killer has gamely stepped up to the plate. The Daily Beast reports that the President has been obsessing over what to “do about the Mary thing,” and Harder has now filed for a TRO to halt publication in Queens Surrogate’s Court.
The putative plaintiff in the suit is Trump’s brother Robert, who claims to be “deeply disappointed” in his niece Mary’s decision to write the book in violation of 2001 non-disclosure agreement arising out of litigation over the will of Fred Trump, Sr., father to Donald, Maryanne, Robert, and Fred, Jr., who was Mary’s father.
“Her attempt to sensationalize and mischaracterize our family relationship after all of these years for her own financial gain is both a travesty and injustice to the memory of my late brother, Fred, and our beloved parents,” Robert Trump told the New York Times. “I and the rest of my entire family are so proud of my wonderful brother, the president, and feel that Mary’s actions are truly a disgrace.”
Whether this is a disgrace on par with terminating the health insurance of an infant with cerebral palsy because his parents object to being cut out of the will their (allegedly) demented grandfather drafted under the influence of the future president, Robert Trump declined to say. Presumably Donald Trump, who canceled the insurance for his sick nephew in 2001, would agree that writing a tell-all is worse.
“I can’t help that,” he said at the time. “It’s cold when someone sues my father. Had [my nephew Fred Trump, III] come to see me, things could very possibly have been much different for them.”
Harder is suing to enforce the non-disclosure provisions of the “Separation Agreement” which settled the litigation over Fred, Sr.’s estate. The general remedy for breach of contract is money damages, of course. Nevertheless, Harder is seeking to enjoin publication by Mary Trump, who was a party to the agreement, and Simon & Schuster, which was not. And neither seems inclined to roll over and go away in response to Harder’s bluster.
“President Trump and his siblings seek to suppress a book that will discuss matters of utmost public importance,” First Amendment lawyer Ted Boutros, who represents Mary Trump, told The Beast. “They are pursuing this unlawful prior restraint because they do not want the public to know the truth. The courts will not tolerate this brazen violation of the First Amendment.”
Simon & Schuster’s spokesman Adam Rothberg similarly predicted the suit would crash and burn, telling the Times, “As the plaintiff and his attorney well know, the courts take a dim view of prior restraint, and this attempt to block publication will meet the same fate as those that have gone before.”
He did not add that “the plaintiff and his attorney” know it well because just four days ago the U.S. District Court in DC tossed the government’s effort to block S&S’s publication of John Bolton’s book. But he didn’t have to.
And so the Trump administration ends (God willing!) as it began, with President Streisand Effect trying to use an NDA to squelch an embarrassing story, only to force it onto the front page. Mary Trump’s book is climbing the best seller list, just the way Stormy Daniels became a media superstar after Michael Cohen tried to shut her up.
Third verse, same as the first, little bit louder, and a little bit worse.
Trump Brings on Charles Harder to Block Niece’s Tell-All Book [Beast]
Trump Family Asks Court to Stop Publication of Tell-All by President’s Niece [NYT]
Elizabeth Dye (@5DollarFeminist) lives in Baltimore where she writes about law and politics.