Trump campaign is suing Omarosa for breach of NDA. Except everything she has been talking about happened when she was a federal employee. No NDA applies.— Annoyed Norwegian (@norwegian76) August 14, 2018
President Donald Trump is famous for using non-disclosure agreements to keep his opponents mute — Exhibit A: hush money payments to former playboy model Karen McDougal.
But there is one NDA that would definitely not work and the president seems rather uninformed about it.
Trump went on a Twitter rampage against former aide Omarosa Manigault Newman, who has written a book on her time as a White House official that contains unflattering content about the president.
While I know it’s “not presidential” to take on a lowlife like Omarosa, and while I would rather not be doing so, this is a modern day form of communication and I know the Fake News Media will be working overtime to make even Wacky Omarosa look legitimate as possible. Sorry!— Donald J. Trump (@realDonaldTrump) August 13, 2018
Trump’s re-election campaign is now working to keep the former Trump aide quiet, claiming she signed an NDA while working in the Trump campaign, which covered future disclosures.
Wacky Omarosa already has a fully signed Non-Disclosure Agreement!— Donald J. Trump (@realDonaldTrump) August 13, 2018
However, Trump seems to have forgotten one thing: the NDA would not work for a former White House official.
Bradley Moss, a Washington, D.C., lawyer specializing in federal employee rights said attempts to shun Omarosa using an NDA would remain useless.
“That’s going to fail,” predicted Moss. “[Trump is] used to a world where he can threaten financial ruin on people with these NDAs.”
According to Moss, while the NDA might work in keeping “The Apprentice” star quiet about her time in the Trump campaign, it would still be void in stopping her from talking about her time as a White House official, where she was working under the American government, which is not Trump’s private entity.
White House Press Secretary Sarah Sanders refused to discuss the attempted enforcement of the NDA through arbitration in New York City. However, she falsely claimed previous administrations also used NDAs in the White House.
“Every administration prior to the Trump administration had NDAs, particularly specific for anyone that had a security clearance,” she said during a recent press briefing.
While Trump official have acknowledged many staffers are made to sign NDAs, in an attempt to keep them quiet about their time in the White House even after they leave their position, according to Huff Post, experts like Moss and employees of the Obama and George W. Bush administrations did not have to sign off on any such agreements not did any other recent administrations.
While all staffers have to follow certain rules when disclosing information — like classified information cannot be disclosed unless declassified — the courts do not take away White House officials’ first amendments rights regarding their time as a government official.
In simple words: Manigault Newman would be able to talk about her time as a White House official as much as she wants and no NDA can stop her.
The NDAs, which cannot be enforced, were reportedly made by White House lawyers upon Trump’s insistence, even though they advised against them.
Manigault Newman’s book “UNIHINGED” claims Trump is mentally unfit for presidency and accused him of making racial slurs aginst African Americans.
Trump, in retaliation, went on to Twitter to call his former aide a “crazed, crying lowlife” and a “dog.”
When you give a crazed, crying lowlife a break, and give her a job at the White House, I guess it just didn’t work out. Good work by General Kelly for quickly firing that dog!— Donald J. Trump (@realDonaldTrump) August 14, 2018
In doing so, Trump also claimed he only kept Manigault Newman around because she said great things about him — and admission that raised many eyebrows.
...really bad things. Nasty to people & would constantly miss meetings & work. When Gen. Kelly came on board he told me she was a loser & nothing but problems. I told him to try working it out, if possible, because she only said GREAT things about me - until she got fired!— Donald J. Trump (@realDonaldTrump) August 13, 2018
Thumbnail/ Banner Credits: REUTERS/Carlos Barria/ Shannon Stapleton