The likelihood of George Conway's desire to review a pre-copy of Mary Trump's book "Too Much and Never Enough: How My Family Made the Most Dangerous Man in the World" (affiliate link) was yesterday as Justice Judge Alan D. Scheinkman from the Supreme Court increased significantly the New York Appeals Department overturned the injunction against Simon & Schuster.
The President's brother, Robert Trump, the alleged plaintiff who wanted to stop publishing the Tell-All about the President and his family, argued in his application for a TRO that Simon & Schuster was an "agent" of Mary Trump. That was probably news for her actual agent Jay Mandel of WME, who sold the book to S&S at auction. To put it in a nutshell: none of the jurisprudence has treated the publisher as an "agent" of an author, saying that this is not magically the case. The government could not convince a court that S & S was John Bolton's "agent" two weeks ago, and the Trump family will not be luckier this time.
"While the plaintiff actually claimed S&S was Ms. Trump's representative, the evidence presented to this court is insufficient to determine whether the plaintiff is likely to be able to substantiate this allegation," Judge Scheinkman wrote. "While the plaintiff is entitled to bind the injunction against a plaintiff's representative, that court will not designate S&S as such a representative."
Since S&S is not a party to the confidentiality agreement that was concluded when the family settled their lawsuit over the will of patriarch Fred Trump, and is not a representative of Mary Trump, they cannot be bound by the 20-year-old document.
S&S is not a party to the settlement agreement. The only basis offered by the plaintiff to extend the injunction to S&S is the allegation that S&S intends to act on Ms. Trump's behalf to have the book published and that S&S has been instructed by Ms. Trump and act together with her. However, these claims are conclusive and are not supported by specific factual averages. Unlike Ms. Trump, S&S did not agree to give up or give up one of its initial adjustment rights.
And although this order only affects S&S, the claim for an injunction against Mary Trump doesn't look too consistent either. Recalling that "the legitimate public interest in family disputes between a real estate developer and his relatives can be greatly enhanced by this real estate developer, who is now President of the United States and current candidate for re-election," the court said that it may be the manuscript must check in camera to balance public interest against family right to enforce a decade-long privacy contract.
The modified decision against Mary Trump is therefore due to be heard next week and with the reservation that the TRO of the lower court "should be reassessed by the Supreme Court with regard to the respondent's response papers". Mary Trump's lawyer, First Amendment attorney Ted Boutros, promises to submit this answer today.
"It is very good news that the previous reluctance to use Simon & Schuster has been lifted, and we look forward to submitting our brief to the court tomorrow and explaining why the same outcome as Ms. Trump needs to be based on the first amendment and basic contract law, ”said Boutros yesterday.
Although the outcome of this hearing may affect Mary Trump's public relations ability, it will not prevent S&S from publishing publications. This brings us back to George Conway and half of DC, which will likely get their hands on a preview copy of the book within a few days.
Two weeks ago, the court refused to restrict the publication of Bolton's book, which is based on the often cited precedents of "The horse is out of the barn" and "The spirit is out of the bottle" (see You Can't Use Toothpaste Again) put in the tube). . The release of Too Much and Never Enough is scheduled for July 28th. This means that mailing to publishers is beginning and reviews and excerpts will soon appear in all major newspapers in the country. From this point on, the issue of previous reluctance will be controversial as it will no longer be a priority.
Although important principles of the first change are at stake here, the TRO on Mary Trump is irrelevant for practical reasons. The book comes out and the only thing Donald AHEM, like Robert Trump has achieved here, is to put it at number 4 on the Amazon bestseller charts. That's just three points behind John Bolton's book.
Well played, President Streisand Effect.
Check out the decision here …
Elizabeth Dye (@ 5DollarFeminist) lives in Baltimore, where she writes about law and politics.