Trump’s Non-disclosure Agreements voided; former election staffers can talk

Politics & Elections
1

This court settlement could have implications for several of the litigation threads, so thought I’d start a new one

Trump the businessman loves Non-disclosure Agreements. Put them in all his employee contracts. Wouldn’t want those little people blabbing about him.

So naturally when he ran for President in 2016, he put them in the employment contracts for campaign staff. To keep them gagged “at all times thereafter.”

The little people sued him.

Trump lost.

The settlement, approved by the court, frees all those little people. Ripped the gags off.

Now any little person who, oh, I don’t know, has wanted to go to the authorities, but hasn’t because of the NDA, can do so, it sounds like.

I’ve not read the decision, so just going by this news article. Published yesterday by Forbes, curiously enough.

2

Hooray that the little guy is escaping some of Trump’s bondage, but even if that is true, Trump uses the legal system as a weapon that the little guy normally just doesn’t have the resources to fight, so it may be a hollow victory for freedom.

3

Sure, but now they can go the police, the AG, or the FBI without fear of being sued for breach of contract. Then it’s up to the authorities to decide if the information they provided is significant.

4

Can any NDA or contract prevent a party from reporting illegal behavior? IANAL, but that would seem to be unenforceable on its face.

5

Yes, that strikes me as a good argument for a restrictive interpretation of the NDA, if it went to court.

But if you’re bound by one of those NDA, do you want to take a chance, against the litigation machine known as Donald J. Trump? Get sued, hire a lawyer, and fight against his resources? Go to court, and fight it all the way to a judgment, hopefully in your favour?

The purpose of the NDA is to scare people, so they won’t go to the authorities in the first place.

6

I assume that the same principle would not be a defense if the signer were charged with conspiracy or failing to report a crime? No saying, I would have reported the crime, but I signed that pesky NDA?

7

Dunno. I don’t know how US courts would react; definitely not my area.

8

IANAL, but in general no. Maybe, just maybe if the dude went to the police first, but under LEO questioning about criminal activity, a NDA does not hold water’

True, even if dismissed, it could get expensive.

9

And since it’s a civil contract, I doubt that LEO lawyers or prosecutors would be able to assist the individual sued by Trump?

10

Is failure to report a crime a criminal offense? I’m pretty sure that in my state (Pennsylvania) it is not, but in Texas and a few other states it is.

11

In CA you must report Murder, child sexual abuse and rape.

And in some cases you could be charged with aiding and abetting for others crimes, depending heavily on circumstances.

Of course certain occupations have mandatory reporting laws.

Is Failure to Report a Crime, a Crime? - California Law.

12

But if a few people are willing to take the chance, especially if they’re backed by someone that can help them in court (ie ACLU), it might only take one or two people winning against him for the floodgates to open and we start seeing tons of interviews with people that had formerly been bound by these NDAs.

13

The article says:

The finalized settlement could open Trump up to more legal liability, given that staffers can now make allegations of workplace misconduct or wrongdoing without fear of violating their NDA.

Campaign staff wouldn’t encounter any of the presidential crimes. What they can now say would be the day-to-day activities of the campaign and whatever slimy practices took place. Sexual harassment suits, perhaps? Of course, compared to the presidential crimes that are being ignored or even embraced, revealing any of these events wouldn’t make any more difference than a post on the Dope.