2020-06-25 22:13:46 UTC
...as a judge dismisses petition for a protective order saying their claims are
*The Trump family have lost their attempt to gag the president's niece Mary
Trump from writing a tell-all book about them
*They were seeking a temporary restraining order, claiming she signed a NDA
*A judge at the Queen's Surrogate's Court in New York ruled that their
application to stop Mary was 'fatally defective' and dismissed it
*The family have claimed that 'no amount of monetary damages can ameliorate the
loss' if Mary is allowed to publish her book
*In their application, the Trumps said that they would suffer 'irreparable harm'
if Mary's book is released next month as planned
*Mary's book titled Too Much and Never Enough: How My Family Created the
World's Most Dangerous Man is scheduled to be released in July
*DailyMail.com spotted Mary in Brewster, Massachusetts on Tuesday night, at her
$2 million Cape Cod beachfront condo
The Trump family have lost their attempt to gag the president's niece Mary Trump
from writing a tell-all book about them.
A judge at the Queen's Surrogate's Court in New York ruled that their
application to stop Mary was 'fatally defective' and dismissed it.
Judge Peter J. Kelly said that his court was the wrong jurisdiction and that any
attempt to block her book, titled Too Much and Never Enough: How My Family
Created the World's Most Dangerous Man, has to be done through the Supreme Court
The decision is another embarrassing blow to the Trumps after they had to refile
their application because they didn't pay the $45 fee.
In his four page ruling, Judge Kelly said: 'At the outset, the court finds that
the submissions suffer from several improprieties'.
Judge Kelly wrote that a preliminary injunction is an order obtained in a
pending action and as the probate for Fred Trump Sr's estate was resolved in
2001 it is 'non-existent'.
The judge said: 'To the extent the accompanying petition is supposed to provide
the jurisdictional basis for said motion (the injunction), it cannot do so as
that petition is fatally defective'.
Judge Kelly said that the Trump family filing their motion in his court was
'improper' and 'outside the parameters' of the Surrogate's Court.
Instead it should go through the Supreme Court, which handles civil matters.
Judge Kelly said he would have accepted jurisdiction if the application affected
Fred Sr's probate matters.
But he wrote: 'It cannot be successfully argued that this dispute affects the
administration of the decedent's estate.
'The irrefutable conclusion is, regardless of the outcome of the matter, the
administration of this estate will not be impacted one iota'.
Judge Kelly wrote that the agreement Mary and the Trump family signed backs up
He cited a paragraph which stated that in the event of a breach, an injunction
may be obtained by 'any court of competition jurisdiction'.
Theodore Boutrous, the lawyer for Mary and her publishers Simon & Schuster,
said: '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
'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'.
Simon & Schuster saidn: 'We are delighted with Judge Kellys decision to dismiss
this case from the Surrogate Court. We look forward to publishing Mary L.
Trumps TOO MUCH AND NEVER ENOUGH, and are confident we will prevail should
there be further efforts to stifle this publication.'
The Trump family lawyer Charles Harder said: 'Robert Trump, Mary Trump and the
other family members who settled in 2001, agreed to jurisdiction of future
disputes in the Surrogates Court of Queens County, New York.
'This matter therefore was filed in that court. Today, the Surrogates Court
ruled that it does not have jurisdiction over the dispute. Therefore, Robert
Trump will proceed with filing a new lawsuit in the New York State Supreme
Meanwhile her brother, Fred Trump III said Mary is still bound by a
nondisclosure agreement with the Trump family and should not have written the
blockbuster book that she is planning to publish next month.
In a statement issued exclusively to DailyMail.com by the president's son Eric
Trump, Fred said: 'At the time that our lawsuit with the family was resolved,
Mary and I had each received a generous financial settlement from the family and
were more than willing to agree to execute non-disclosure provisions, all of
which had been approved and recommended by our attorneys and advisors at that
'In my opinion, those provisions of the 2001 settlement agreement are still in
effect and binding today and I have continued to honor them.'
In his statement Fred said he and his family 'have a strong relationship with
our extended family and have had no involvement or interest in the preparation
of this book.'
And he said that Mary's claim that his son William who suffers from cerebral
palsy has been cut off by the president and his three surviving siblings is
'As is also known by Mary, our son William has been very well provided for
financially for many years through the William Trump Medical Fund by my aunts
and uncles, Maryanne, Donald, Elizabeth, and Robert; for which we are very
DailyMail.com's attempts to contact Fred Trump were unsuccessful.
One estimate says that William, who turns 21 next week, receives up to
three-quarters of a million dollars a year for his condition.
Just last week, when news of the proposed book first broke, Donald Trump said he
had a good relationship with Fred III.
The president and his siblings say they would suffer 'irreparable harm' if
Mary's book is published.
In an application for a temporary restraining order, they say: 'No amount of
monetary damages can ameliorate the loss that will be suffered if Mary Trump is
allowed to violate the settlement agreement and publish'.
They argued that Mary agreed not to write a memoir back in 2001 under the terms
of a settlement which resolved a bitter family dispute over the estate of family
patriarch Fred Trump Sr.
The agreement said that due to Donald Trump being famous and his sister Maryanne
being a federal judge 'the family made the decision collectively to enter into
an agreement that would maintain the confidentiality of the family's private
The application sets up a First Amendment clash with Mary and her publishers
Simon & Schuster.
Their lawyer Theodore Boutrous has said that the Trumps are 'pursuing this
unlawful prior restraint because they do not want the public to know the truth'.
He said: 'The courts will not tolerate this brazen violation of the First
The blurb says that Mary, 55, a psychologist, describes a 'nightmare of traumas,
destructive relationships, and a tragic combination of neglect and abuse'.
Mary is one of two children by Fred Trump Jr, the President's older brother who
died in 1982 aged 42 after battling alcoholism.
When Fred Sr died in 1999, Mary and her brother Fred Trump III challenged his
will because they claimed that the Trump family exerted undue influence to cut
Mary claimed in a lawsuit that in retaliation the Trumps ended the healthcare
for her side of the family.
In the application for the restraining order, which oversaw Fred Sr's probate,
the Trumps say that everything was resolved in 2001 under a 'global' agreement.
The application states: 'Confidentiality was at the essence of the settlement
'Fred Trump Sr had been a famous figure in New York real estate. Fred's son
Donald also had become a famous real estate developer.
'Fred's daughter, Judge Barry, was a judge for the United States Court of
Appeals for the Third Circuit.
'The court cases involving Fred Trump Sr's will had received extensive publicity
and the family made the decision collectively to enter into an agreement that
would maintain the confidentiality of the family's private matters'.
The financial terms have been blacked out and there are nine pages including
sections on ground leases, a Trump-owned company and trusts set up in 1976.
The application does however note that Mary received a 'substantial' amount of
As part of the agreement Mary agreed to not 'directly or indirectly publish or
cause to be published any diary, memoir, letter, story, photograph, interview,
article, essay, account or description or deficient of any kind whatsoever,
whether fictionalized or not, concerning their litigation with (the Trumps) or
assist or provide information to others in connection therewith', the
The only exception would be if Donald, Maryanne and their brother Robert gave
Yet in an affidavit Robert Trump says that he 'never consented' to let Mary
write her book.
The Trumps argue that an emergency injunction is needed because books are often
sent to book stores weeks ahead of publication.
They appear to have learned the lessons from the book by Donald's former
national security adviser John Bolton, which was hugely embarrassing for the
They went to court to stop 'The Room Where It Happened' from being published but
a judge refused because much of it had already been made public through leaks.
The last time Mary spoke publicly about her family was 20 years ago in an
article for the New York Daily News in which she said Donald and his siblings
'should be ashamed of themselves'.
She was reportedly the source for a New York Times investigation into the
President in 2018 which demolished his image as a self made man.
In fact Donald received at least $413million from his father and was a
millionaire by the time he was eight.
Mary's Twitter feed is an indication of what the tone of her book will be like
and she called her uncle's election victory in 2016 the 'worst night of my
The 55-year-old left her home on New York's Long Island over the weekend after
news of her heavily contested tome broke. She drove her black Audi 270 miles to
the condo on Cape Cod in Massachusetts that she bought in 2004 for $1.15
million, but is now worth nearly double that.