Thursday, June 10, 2021

Proposition: Tangerine Was A "Clampett" Exhibit A -- Omorosa's Motion To "Intervene" In Manhattan.


This is strictly Friday fluff / throwaway trivia fodder. Even so, it clearly shows just how malignant the Baby T White House was.

Omorosa alleges in a sworn filing in federal court in Manhattan tonight that counsel for Trump's campaign told her in person that he knew the non-disclosure agreement was "unenforceable" -- yet he proceeded to litigate about whether her book violated that same "nullified" agreement. Now at least two federal judges have ruled that it is in fact, unenforceable (in whole or in part).

Here's the salient bit, and the whole memo seeking intervention in another of the federal suits Tangerine is defending, on these would-be "hush-up agreements":

. . .“The Employment Agreement’s non-disclosure provision does not meet any of the elements of the Ashland test. As to whether the provision is “reasonable in time,” the provision has no time limitation. It applies “[d]uring the term of your service and at all times thereafter.” (Employment Agreement (Dkt. No. 22-1) ¶ 1) As to the scope of the provision, it is -- as a practical matter -- unlimited. “Confidential Information” includes thirty-five categories of “private, proprietary, or confidential” information. Many of the categories -- including “personal life,” “relationships,” and “political and business affairs” – are vague, and none of the categories are further defined or limited. (Id. at ¶ 6(a)) “Confidential Information” also includes any information that President Trump “insists remain private or confidential.” [Ed. Note: And, that cannot be even remotely enforceable where. . . the office holder might have violated applicable federal law.]

In short, the categories of “Confidential Information” are sufficiently broad and vague to cover any information about President Trump and his family members. As to the individuals and entities covered by the non-disclosure provision, the scope is again quite broad. The provision applies not only to President Trump and his family members -- including unnamed spouses, children, and grandchildren -- but also to any legal entity “that, in whole or in part, was created by or for the benefit of . . . or is controlled or owned by” President Trump or any of his family members. (Id. ¶¶ 6(a)-(c), (f)) President Trump himself is affiliated with more than 500 companies, and his family members may be affiliated with yet more. (Pltf. R. 56.1 Stmt. (Dkt. No. 21) ¶ 51; Bowles Decl., Ex. AA (Dkt. No. 26-27) at 3-13)”. Ultimately the Court ruled in Denson’s favor concerning the Employment Agreement’s non-disclosure provision and determined, “the non-disclosure provision’s vague, overbroad, and undefined terms also render it unduly burdensome. . . .”


To be clear -- all these people. . . deserved each other. The theory of garbage cans and lids here applies. Out -- more substance, tomorrow. That above was just. . . a distracting look back.

नमस्ते

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