March 3, 2021

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judge dismisses Trump family lawsuit

Judge rejects Trump family attempt to block publication of niece’s tell-all

Erin Schaff | Bloomberg | Getty Images

A New York judge rejected an effort by President Donald Trump’s brother to halt the publication of a book by the president’s niece, Mary Trump, on Thursday.

The ruling in Queens County Surrogate’s Court by Judge Peter Kelly came just days after a legal filing by Trump’s brother, Robert Trump, who had said Mary Trump would be violating a non-disclosure agreement if the book is published.

“The court has promptly and correctly held that it lacks jurisdiction to grant the Trump family’s baseless request to suppress a book of utmost public importance,” Mary Trump’s lawyer, Theodore Boutrous said in a statement to CNBC.

“We hope this decision will end the matter.  Democracy thrives on the free exchange of ideas, and neither this court nor any other has authority to violate the Constitution by imposing a prior restraint on core political speech,” Boutrous said.

The book, “Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man,” is scheduled to be published on July 28. The president has said that his niece is subject to a nondisclosure agreement and is “not allowed to write a book.”

Robert Trump’s lawyer in the case, Charles Harder, is known for representing President Trump, includingin a lawsuit filed by the adult film actress Stormy Daniels. 

The White House and Harder did not immediately respond to requests for comment about the ruling. 

The judge, Kelly, found “several improprieties” with Robert Trump’s filing, according to his ruling. In particular, Kelly noted, the filing was done in connection with a probate proceeding in Surrogate’s Court for the estate of Fred Trump Sr., the late father of Robert and Donald Trump. 

That probate case terminated in 2001, and as a result is “non-existent” in Surrogate’s Court, Kelly wrote.

Kelly suggested that Robert Trump could pursue his request for an injuction against Mary Trump and her publisher, Simon & Schuster, in New York State Supreme Court.

The Daily Beast earlier Thursday reported that Robert Trump had initiated the lawsuit days after being discharged from Mount Sinai hospital’s neurosciences intensive care unit. 

Simon & Schuster has said that Mary Trump’s book is a “revelatory, authoritative portrait of Donald J. Trump and the toxic family that made him.” 

This is breaking news. Please check back for updates.

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