TRUMP: NDA ENFORCEMENT / LITIGATION INVOLVING TRUMP (DAVID BOSSIE)
phillips, hunt & walker Downloadable Documents:
None applicable.
Alleged Facts:
David Bossie was a deputy chairman of President Trump’s campaign and then became a Fox News contributor. In June of 2018, Bossie, a regular guest on Fox News programs, said that African-American co-guest Joel Payne was “out of his cotton-picking mind.” He later apologized. Fox News suspended him for two weeks, calling the remarks “deeply offensive and wholly inappropriate.”
He and Corey Lewandowski co-wrote, “Trump’s Enemies: How the Deep State Is Undermining the Presidency.” As the book is very favorable to Trump, no known action was served against either of them despite the fact “confidential” information would have been prohibited if one or both under the NDA.
Non Disclosure Agreement / Non Disparage Agreement:
Bossie has not addressed the subject non-disclosure agreement.
Legal Issues:
Selective Enforcement? Trump allegedly said it himself, “When people are chosen by a man to go into government at high levels and then they leave government and they write a book about a man and say a lot of things that were really guarded and personal, I don’t like that.” He uses NDA’s to regulate speech. Its limits will be tested.
Other Cases:
Known Legal Action of Some Sort:
- Summer Zervos
- Jessica Denson
- Sam Nunberg
- Cliff Sims
- Steve Bannon
- Karen McDougal
- Stormy Daniels
- Omarosa Manigault-Newman (no comment)
No Enforcement:
- David Bossie (wrote book, no enforcement)
- Corey Lewandowski (wrote book, no enforcement)
- Anthony Scaramucci (wrote book, denied existence of NDA, no enforcement)
- Sean Spicer (wrote book, no enforcement)
More Generally (coming soon):
- Post White House Service Agreements
- White House / Government Service Agreements
- Donald J. Trump For President, Inc NDAs
- Other Campaign Related NDAs
- NDAs related to Relationships with Women
- NDAs for Apprentice
- NDAs for Other Businesses
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