Tag: lawsuit

Trump administration sues Bolton over memoir

The Trump administration on Tuesday filed a lawsuit seeking to prevent John Bolton from publishing a highly anticipated memoir describing his 17 months serving as President Trump’s national security adviser.

The lawsuit, filed in the U.S. District Court for the District of Columbia, alleges that Bolton’s book, due to be released on June 23, contains classified information that stands to compromise national security if published before a government review is completed.

“[Bolton] regularly came into possession of some of the most sensitive classified information that exists in the U.S. government,” the lawsuit states. “Within two months of his departure from government service, defendant had negotiated a book deal allegedly worth about $2 million and had drafted a 500-plus page manuscript rife with classified information, which he proposed to release to the world.”

The Department of Justice asked the court to declare that Bolton’s account of his time as a top Trump adviser from April 2018 to September 2019 violated his nondisclosure agreement.

The lawsuit also seeks to stop Bolton from disclosing contents from his memoir without U.S. government permission and to order his publisher, Simon & Schuster, to “retrieve and dispose of” any copies of the book held by third parties. Bolton’s attorney Chuck Cooper has denied that the book contains classified material.

“We are reviewing the Government’s complaint and will respond in due course,” Cooper said in an emailed statement early Monday. 

Simon & Schuster dismissed the lawsuit as “nothing more than the latest in a long running series of efforts by the Administration to quash publication of a book it deems unflattering to the President.” 

 “Ambassador Bolton has worked in full cooperation with the NSC in its pre-publication review to address its concerns and Simon & Schuster fully supports his First Amendment right to tell the story of his time in the White House to the American public,” the publishing company said in a statement. 

The move had been expected since Monday when reports surfaced that the administration was eyeing a lawsuit to prevent publication of the memoir, titled “The Room Where It Happened,” and comes exactly one week before it is due for public release. The book is said to offer a scathing account of the White House from the former national security adviser’s point of view.

“If he wrote a book, I can’t imagine that he can because that’s highly classified information,” Trump told reporters on Monday when asked about plans to file a lawsuit.

“I will consider every conversation with me as president highly classified. So that would mean if he wrote a book and if the book gets out, he’s broken the law and I would think he would have criminal problems,” Trump added, later claiming he hadn’t viewed the book’s contents.

The memoir’s release has been delayed for months as a result of a prepublication review process spearheaded by the White House National Security Council (NSC) that began when Bolton submitted the book for review in late December.

According to the Justice Department’s complaint, NSC official Ellen Knight had completed her review of Bolton’s book around April 27 “and was of the judgment that the manuscript draft did not contain classified information.” Knight informed Bolton that the process remained ongoing when he asked for an update thereafter, the complaint states.

It says that Michael Ellis, NSC’s senior director for intelligence, subsequently began a review of the manuscript on May 2 and raised concerns it contained classified information. An NSC attorney sent Bolton’s attorney Chuck Cooper a letter on June 8 saying the draft contained classified information and that the manuscript could not be published until the review was completed, after press reports said that Bolton planned to release the book on June 23.

After receiving that letter, Cooper penned an op-ed in The Wall Street Journal accusing the White House of a “transparent attempt to use national security as a pretext to censor Mr. Bolton, in violation of his constitutional right to speak on matters of the utmost public import.” 

The memoir is expected to contain details about Trump’s interactions with Ukraine related to his impeachment by the House of Representatives last December. Bolton has been an extremely controversial figure as a result of his refusal to testify before the chamber.

The former national security adviser later said he would testify before the GOP-controlled Senate if served a subpoena, but the upper chamber ultimately voted to bypass witnesses and eventually acquitted Trump of the impeachment charges in two largely party-line votes.

[The Hill]

Trump, Trump Organization sue House Oversight’s Elijah Cummings to block subpoena

President Trump and the Trump Organization filed suit against House Oversight Committee chairman Elijah Cummings in federal court on Monday in an attempt to block Cummings’ subpoena of Trump’s longtime accountant, Mazars USA LLP.

The big picture: Cummings wrote last week that the subpoena — for all of Trump’s financial records — is a result of testimony from Trump’s former lawyer Michael Cohen, who claimed that the president “altered the estimated value of his assets and liabilities on financial statements.”

  • Trump’s suit claims that Cummings and House Oversight are “assuming the powers of the Department of Justice, investigating (dubious and partisan) allegations of illegal conduct by private individuals outside of government” solely to dig up dirt ahead of the 2020 presidential election.

Melania Trump Wins Damages From Daily Mail Over ‘Escort’ Allegation

The UK’s Daily Mail newspaper has agreed to pay damages and costs to the first lady of the United States over an article about her modelling career.

The newspaper had reported allegations that Melania Trump once worked as an escort, but later retracted the claims.

The story was published during the US election campaign last year.

Mrs Trump accepted damages and an apology from the newspaper at London’s High Court.

She filed lawsuits against the Daily Mail newspaper in the United Kingdom, and its digital operation Mail Online in the United States.

The US suit, filed last year, sought damages of $150m (£120m). The amount accepted by Mrs Trump in London was not disclosed in court.

However, reports suggest the payout was closer to $3m, including legal costs and damages. It is understood it will also settle the case in New York.

In its apology, the Daily Mail acknowledged it had published “allegations that she provided services beyond simply modelling”.

The article also claimed that Mr and Mrs Trump may have met three years before they actually did, and later “staged” their first meeting.

“We accept that these allegations about Mrs Trump are not true,” the newspaper said.

A lawyer for Mrs Trump told the London court the allegations “strike at the heart of the claimant’s personal integrity and dignity”.

Her lawyer said the double-page spread in August last year, titled “Racy photos and troubling questions about his wife’s past that could derail Trump”, featured an old nude photo of Mrs Trump from her modelling career.

“Readers of the newspaper that day could not fail to miss the article,” he said.

And so the mighty Mail titles have been Trumped.

Well, almost. There are people in the legal profession flabbergasted at the size of the damages that Melania Trump has received from Associated Newspapers.

But given some of the figures bandied about when this case first arose, that isn’t as bad as some at the Mail group may have feared.

Moreover, the Mail are pointing out that they stick by some aspects of their original story, but accept error on the most salacious: that the First Lady was an escort.

It will be interesting to see if this settlement encourages others to be more aggressive toward UK papers, and also whether it helps to spread the trend for legal action across multiple jurisdictions.

Charles Harder, Mrs Trump’s lawyer, also acted for Hulk Hogan when the wrestler brought his $140m (£112m) case against Gawker Media, forcing its sale.

Compared to that, this action is small fry.

Mrs Trump’s lawsuit initially said that Mrs Trump had the “unique, once-in-a-lifetime opportunity… to launch a broad-based commercial brand in multiple product categories, each of which could have garnered multi-million dollar business relationships for a multi-year term during which [she] is one of the most photographed women in the world”.

Critics used the phrasing to question whether Mrs Trump had plans to make financial gains from her position as first lady.

A second version of the suit, re-filed weeks later, dropped the controversial wording.

Mrs Trump was born Melanija Knavs, in Sevnica, a small town about an hour’s drive from Slovenia’s capital of Ljubljana.

She was signed to a modelling agency in her late teens, and began flying around Europe and the US, appearing in high-profile ad campaigns.

She met Donald Trump in 1998, when she was 28 years old, at a party during New York Fashion week.

They married seven years later.

(h/t BBC News)

Melania Trump Plans to Cash-in on Trademarks, Files New Lawsuit

First lady Melania Trump said in a lawsuit Monday that her lucrative personal brand was damaged by an online article that alleged she worked as an escort in the 1990s.

The suit, filed in New York Supreme Court, said the Mail Online, in its August article hit just as Trump was about to enter the White House and embark on a “once-in-a-lifetime opportunity, as an extremely famous and well-known person.”

More explicitly, the suit claims the article “impugned her fitness to perform her duties as First Lady of the United States.”

It references several pending “multi-million dollar business relationships” for clothing, shoes, jewelry cosmetics and perfume.

Indeed, records show the U.S. Patent and Trademark Office granted a trademark to “MELANIA” in 2013 for cosmetics.

On Jan. 17, just days before the inauguration, the office signed off on protecting “MELANIA” for a line of jewelry. Both are held by solely by Melania Trump and registered to her address in Trump Tower.

Trademarks protect words, names and symbols for goods and services that are tied to the source of those goods. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce.

The Mail Online retracted its article and faced another defamation suit from Trump, which was dismissed in Maryland last week.

Trump also sued Maryland blogger Webster Tarpley, who made similar claims about the first lady’s past. Tarpley agreed to apologize and provide a “substantial sum” in a settlement reached Tuesday, said Donna McBride, Trump’s Maryland-based attorney.

Beverly Hills attorney Charles Harder issued a statement on behalf of Trump, along with the retraction from Tarpley on Tuesday:

“I posted an article on August 2, 2016 about Melania Trump that was replete with false and defamatory statements about her. I had no legitimate factual basis to make these false statements and I fully retract them. I acknowledge that these false statements were very harmful and hurtful to Mrs. Trump and her family, and therefore I sincerely apologize to Mrs. Trump, her son, her husband and her parents for making these false statements.”

In a bid to dismiss the case, attorneys for Tarpley mounted a SLAPP defense — arguing it was a Strategic Lawsuit Against Public Participation since it inhibited Tarpley’s First Amendment rights to free speech. Maryland, like many other states, has an anti-SLAPP law to prevent those suits.

That law became an issue for Donald Trump in his threats against outspoken critics before and during the campaign.

Tarpley’s attorney’s argued since Melanie Trump is a public figure, the bar for defamation is much higher and requires “actual malice.”

(h/t USA Today)

Judge Orders Trump Golf Club to Reimburse Members

A federal judge has ruled that Trump National Jupiter Golf Club in Florida will pay just under $6 million to some members who were denied access to the club, Politico reported.

The judge found that the club violated its contracts by holding deposits from members on a “resignation waiting list.” Those members were denied access to the club.

The members who took part in the class-action lawsuit claimed membership rules were altered when now-President Donald Trump took over the club in 2012 and contracts were violated, according to CNNMoney.

Brad Edwards, the attorney for the former members, said the club was ordered to pay more than $4.8 million in damages and almost $1 million in interest, the amount the plaintiffs requested.

The club “created their own contorted reading of a contract that allowed them to avoid the refundability of the deposits,” he said.

The Trump Organization’s lawyer, Alan Garten, told the news outlet the decision will be appealed.

“The members who resigned were all members under Ritz-Carlton who resigned prior to Trump taking ownership. Trump purchased the club from Ritz and effectively saved it because it was in financial ruin. Notwithstanding the foregoing, we disagree with the judge’s ruling and intend to appeal it,” said Garten.

Trump owns the club, but was not a defendant in the suit.

(h/t The Hill)

Contractor Files $2 Million Lawsuit Against Trump For Unpaid Bills

A Maryland-based electrical company is suing President Trump’s Washington, D.C. hotel for than $2 million, Politico reports.

AES Electrical, also called Freestate Electrical, alleged that its employees had to work “nonstop” to complete electrical and fire alarm systems before the hotel’s “soft opening” in September and its grand opening in October. It says it never received payment for its work.

The lawsuit also argues that without Freestate, the real estate mogul would not have been able to hold an event at the hotel in September.

“At the time of the ‘soft opening,’ Donald J. Trump, President of Defendent, Trump Old Post Office, LLC, was a U.S. presidential candidate and the ‘soft opening’ had to occur to permit Mr. Trump’s nationally televised campaign event from the Hotel on September 16, 2016, which was to honor U.S. veterans,” the lawsuit says. “But for Freestate’s acceleration of work and performance of extra work on the project, this event would not have been able to occur.”

Freestate also noted that its work before the hotel’s “grand opening” on Oct. 26 was timed just before the Nov. 8 election in order to generate “positive press coverage.”

Freestate isn’t the first contractor to accuse Trump’s businesses of not paying the bills. Two other companies that worked on the Washington hotel — A&D Construction Inc. and plumbing company Joseph J. Magnolia, Inc. — filed liens for unpaid bills.

Lawsuit Alleges Trump Wanted to Replace Unattractive Female Employees

Donald Trump wanted to fire female employees he considered unattractive and replace them with better-looking women at a golf resort he owned, according to court documents from a 2012 lawsuit.

As reported by the Los Angeles Times, the court documents detail a lawsuit that alleges Trump pressured employees at the Trump National Golf Club in Rancho Palos to replace those he viewed to be unattractive female employees over a number of years in the 2000s.

The report comes as Trump has faced renewed criticism that he disrespects women, a narrative fueled by his controversial remarks about a former Miss Universe that he worked with when he owned the beauty pageant. Hillary Clinton raised in Monday’s debate the fact that he called Alicia Machado “Miss Piggy” and “Miss Housekeeping” after she won his 1996 Miss Universe pageant.

Hayley Strozier, an employee at the golf club until 2008, alleged in a sworn declaration she “had witnessed Donald Trump tell managers many times while he was visiting the club that restaurant hostesses were ‘not pretty enough’ and that they should be fired and replaced with more attractive women.”

According to the LA Times report, the employees said in their lawsuit that they rotated employees schedules “so that the most attractive women were scheduled to work when Mr. Trump was scheduled to be at the club.”

The Trump Organization called the allegations “meritless.”

“We do not engage in discrimination of any kind,” said Jill Martin, vice president and assistant general counsel for The Trump Organization. “The statements made by a group of former disgruntled employees are far from an accurate portrayal of what it is like to work at Trump National Golf Club Los Angeles. Mr. Trump’s sole focus is on ensuring that the facility and operation are providing the highest level of service and an unparalleled golf experience. The only appearance Mr. Trump cares about is that of the facility and the grounds. Rather than looking to old statements from a handful of employees with an ax to grind, the media should focus on the thousands of happy employees, of all races, gender, size and shape, whose lives upon which Mr. Trump has made an incredibly positive impact.”

In the lawsuit, employees claim that Trump’s stated preferences regarding female employees caused managers to value appearance over skill when making hiring and staffing decisions. They also allege that Trump himself made inappropriate and unprofessional comments toward female employees.

The LA Times described the case as a “broad labor relations lawsuit” that is “focused on the course’s high-pressure work culture” in addition to spotlighting the revelations about Trump’s treatment of female employees.

According to the Times’ report, “the bulk of the lawsuit was settled in 2013” with a $475,000 payment to plaintiff employees without any admission of wrongdoing. Another female employee who said she was fired for complaining about the treatment of women at the golf club agreed to a separate settlement with confidential terms.

(h/t CNN)