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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsYes, I am currently suing various people for violating their confidentiality agreements
Trump stresses legal actions over confidentiality in wake of Westerhout firing
https://www.politico.com/story/2019/08/31/trump-westerhout-non-disclosure-1479250
President Donald Trump on Saturday stressed his ongoing legal battles to keep details of his administration's inner workings from emerging in books and press reports following the firing of his personal assistant.
"Yes, I am currently suing various people for violating their confidentiality agreements. Disgusting and foul mouthed Omarosa is one. I gave her every break, despite the fact that she was despised by everyone, and she went for some cheap money from a book. Numerous others also!" Trump wrote on Twitter.
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"While Madeleine Westerhout has a fully enforceable confidentiality agreement, she is a very good person and I dont think there would ever be reason to use it. She called me yesterday to apologize, had a bad night. I fully understood and forgave her! I love Tiffany, doing great!" Trump wrote
Trump's 2016 campaign team, transition team and political appointees are typically expected to sign a non-disclosure agreement, even if the legal foundations of such agreements are murky. Trump Organization employees would also be routinely required to sign such agreements.
NDAs are not typically signed by federal workers as theyre thought to be public servants who are not beholden to any individual, which would include White House staff. Any agreement is therefore not easily enforceable
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CTyankee
(63,912 posts)Do tell, Donald you schmuck...
Newest Reality
(12,712 posts)by some ghost.
"A really...good ghosts are hard to find...but, people say...I know more about ghosts than almost anyone...the book...fantastic...mine, you know...the best book ever written in...probably the history of everything! I know about history."
Kid Berwyn
(14,909 posts)They work for We the People. And they are accountable to the People and the law. They are not accountable to a single interest, especially not a crooked Bankrupt Unstable Moron installed by Vladimir Putin.
spanone
(135,844 posts)never heard of this before in all my years
Wounded Bear
(58,670 posts)Either it's classified or it's not.
The Velveteen Ocelot
(115,733 posts)They can't disclose information that the government has deemed to be confidential or classified, but it's well-established that a government employee can't be required to sign a general NDA, or if they do, it's not enforceable. https://www.reuters.com/article/us-otc-nda/trump-ndas-cant-silence-ex-white-house-officials-legal-experts-idUSKBN1GV2UT
Newest Reality
(12,712 posts)Why doncha' just scream it out loud? Your reactions beg the questions.
Wow. How much do you have to hide at all costs? I mean come on, Sherlock Holmes would be pointing right at you just from your statements.
He may have more to hide than any other President...ever!
Bradical79
(4,490 posts)Embarrassing.
Gothmog
(145,321 posts)This type of agreement is not enforceable https://slate.com/news-and-politics/2018/03/trumps-nondisclosure-agreements-for-federal-employees-are-authoritarian-and-unenforceable.html
The far stronger likelihood is that consideration isnt present here, rendering these alleged agreements little more than a bullying, speech-chilling, calculated bluff. Marcus cites a draft agreement that makes penalties payable to the federal government (as opposed to Trump personally), but its difficult to imagine how that bit of drafting slipperiness would matter, except to attempt to obfuscate that Trump is the real party to the agreement and federal employees are obligees. According to Marcus, some who were reluctant to sign ultimately did so because they figured they were unenforceable anyway. Barring some dark authoritarian turn in our other branches of government, these employees were absolutely correct about this last part.
These alleged nondisclosure agreements represent an attempt to purchase the free speech rights of federal employees for the sake of Trumps personal protection, paid with only an empty, but perhaps effective, threat. To say such a threat cheapens the presidency grossly understates the constitutional repugnancy of these agreements. This effort reveals the presidents view of himself as an autocratic leader and of his place within the American system as being above it. It further demonstrates his blithering ignorance and disdain for even the simplest and purest of American concepts like free speech and public service.
Gothmog
(145,321 posts)The NDAs are not enforceable https://www.nbcnews.com/think/opinion/can-trump-use-ndas-stop-white-house-staffers-omarosa-criticizing-ncna900706
Even if we could divine what is covered by these agreements, such NDAs would be very hard to enforce for a number of reasons. Consider the Freedom of Information Act (FOIA). FOIA is a federal law which allows individuals to obtain access to certain records from federal agencies. It is pretty easy to see how a FOIA request could conflict with a non-disclosure agreement. A FOIA request might, for instance, cover a request for information on a government contract or grant or an unpublished policy statement, the substance of which is otherwise nonpublic.
There are also federal whistleblower laws which protect government employees who report certain activities. It is not outside the realm of possibility that an employee would want to report information covered by both a whistleblower law and a non-disclosure agreement. For instance, an employee may wish to report allegedly corrupt activities which are otherwise nonpublic.
Perhaps the biggest legal issue raised by the non-disclosure agreement has to do with the First Amendment. Government employees can and do give up certain rights, including some First Amendment rights, when they enter government service. But non-disclosure agreements of this type use vague and threatening language in order to chill and silence speech. Protecting the president from bad press does not warrant such an erosion of the Constitution.
Gothmog
(145,321 posts)It would be fun watching trump attempt to enforce one of these NDAs https://www.reuters.com/article/us-otc-nda/trump-ndas-cant-silence-ex-white-house-officials-legal-experts-idUSKBN1GV2UT
The U.S., and not President Trump, would also be responsible for enforcing the agreements, said law professors Heidi Kitrosser of the University of Minnesota and Mark Fenster of the University of Florida. But the First Amendment protects people against government restrictions on free speech. These NDAs strike me as clearly unconstitutional under the First Amendment, said Kitrosser.
A public employee, added Fenster, cant be forced to sign away the right to speak.