Trump loses bid to enforce Omarosa Manigault Newman’s NDA

Source: The Hill | September 28, 2021 | Mychael Schnell

Former President Trump has lost a bid to enforce Omarosa Manigault Newman’s nondisclosure agreement filed after the former White House aide and star on “The Apprentice” penned a book about her experience serving in his administration.

The arbitrator, Andrew Brown, wrote in a decision dated on Friday and handed down on Monday that the definition of what kind of comment was protected by the NDA was so vague that it was rendered meaningless.

He also reportedly said statements from Manigault Newman were hardly included in privileged information.

The decision orders Manigault Newman to receive legal fees from the Trump campaign.

“The statements do not disclose hard data such as internal polling results or donor financial information,” Brown wrote

“Rather, they are for the most part simply expressions of unflattering opinions, which are deemed ‘confidential information’ based solely upon the designation of Mr. Trump. This is exactly the kind of indefiniteness which New York courts do not allow to form the terms of a binding contract,” he added.

The arbitration is confidential, which means that only involved parties are able to release information about the case. The New York Times first reported on the arbitrator’s decision.

Manigault Newman, in a statement following the arbitrator’s decision, said she is “very happy” with the ruling, and called Trump a “bully.”

“Clearly, I am very happy with this ruling. Donald has used this type of vexatious litigation to intimidate, harass and bully for years! Finally the bully has met his match!” Manigault Newman said.

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Brown also ruled that the agreement “effectively imposes on Respondent an obligation to never say anything remotely critical of Mr. Trump, his family or his or his family members’ businesses for the rest of her life,” adding that “such a burden is certainly unreasonable.”

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