I don't know much about the law, so my thought process is likely a little incoherent. But...

I understand an NDA about not releasing details about intellectual property and the like. But Trump's seem to be NDAs that largely try to keep people from releasing details about actual crimes, whether misdemeanors or felonies. "Report me and I'll bankrupt you in court!"

So - my understanding is that not reporting a crime is also a crime, although a lesser one. A contract to commit a crime is, I believe, unenforceable - if you sign a document promising to rob a bank, that isn't a legal contact, right? Not only will you go to jail if you fulfill it, you won't go to jail or be able to be sued if you don't.

How did we ever even question if Trump's NDAs were legal? They are essentially signing an agreement to be an accessory. That's criminal.

And why isn't this argument also used in other cases where NDAs are being used to cover up crimes like theft and harassment? You can't be legally forced not to expose a crime. Can you? You will certainly lose your job and may be at physical risk from the criminal you expose, but they can't actually sue you and hope to win. It's not a contract.

How did this ever stand up in court to begin with? Why did it take so long?

SheltieLover

(57,073 posts)

24. Precisely my thoughts

Reply to chowmama (Reply #23)

Tue Aug 9, 2022, 03:43 PM

Aug 2022

Contracts for illegal activity are not enforcable.

G2theD

(593 posts)

25. His wins are exploding. Only the best crimes!

Reply to LetMyPeopleVote (Original post)

Tue Aug 9, 2022, 03:43 PM

Aug 2022

LetMyPeopleVote

(145,321 posts)

36. All Trump former staffers suddenly released from their NDAs

Reply to LetMyPeopleVote (Original post)

Wed Aug 10, 2022, 01:28 AM

Aug 2022

Link to tweet

LetMyPeopleVote

(145,321 posts)

37. After Losing in Court, Donald Trump's 2016 Campaign Abandons Confidentiality Provisions/NDAs

Reply to LetMyPeopleVote (Original post)

Thu Aug 11, 2022, 09:08 AM

Aug 2022

This makes me smile. The TFG NDAs were poorly drafted and too broad to be enforceable

Link to tweet

https://lawandcrime.com/high-profile/after-losing-in-court-donald-trumps-2016-campaign-abandons-confidentiality-provisions-that-silenced-workers/

The legal team behind Donald Trump’s 2016 campaign will no longer seek to punish workers who speak publicly about their time working to get the former president elected.

The campaign’s reversal came after a judge voided its non-disclosure agreements as “vague and indefinite.” Trump’s legal team quickly jockeyed to seek a litigation advantage from their concession toward its workers on Tuesday.

Lawyers for Donald J. Trump for President, Inc. — now known as the Make America Great Again PAC — disclosed the concession in a letter filed in court on Tuesday in a lawsuit brought by Jessica Denson, who previously led the campaign’s Hispanic outreach efforts. In that letter, the lawyers asked U.S. District Judge Paul G. Gardephe, a George W. Bush appointee, for a conference to discuss the campaign’s “intended motion” to dismiss the lawsuit.

In Tuesday’s letter, attorneys Jared Blumetti and Patrick McPartland shared language from a declaration filed in June by Bradley T. Crate, the treasurer of the Make America Great Again PAC, the new title of the organization previously known as Donald J. Trump for President, Inc.

“The Campaign hereby avows that it shall not ever enforce or attempt to enforce any confidentiality or non-disparagement provisions contained in any written agreements signed by any employees, independent contractors, or volunteers who worked for the Campaign on the 2016 Presidential Election,” said Crate’s declaration, which was signed on June 6, 2022.

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