Trump can try to refile elsewhere. Boutrous says "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."— Brian Stelter (@brianstelter) June 25, 2020
Turns out this case was filed in Surrogate Court (which would be Probate Court in Texas, which is probably no more illuminating to you) because the original NDA was connected with the probate of Fred Trump's estate (no, I have no knowledge as to why or how, only vague conjecture). The judge there said, according to Daily Beast:
"Under the scenario presented, it cannot be successfully argued this dispute affects the administration of the decedent's estate," Kelly wrote. “The irrefutable conclusion is, regardless of the outcome of this matter, the administration of this estate will not be impacted one iota.The Trump family lawyer defended his choice of jurisdiction, even though the judge tossed him out on his ear on just that issue (filing in the wrong court is usually a great embarrassment to the lawyers, but sometimes the court just disagrees with the lawyer):
“Accordingly, the matter is dismissed.”
“Robert Trump, Mary Trump and the other family members who settled in 2001, agreed to jurisdiction of future disputes in the Surrogate’s Court of Queens County, New York. This matter therefore was filed in that court. Today, the Surrogate’s 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 Court.”
To which I can only say: "Well, maybe." Certainly nothing wrong on its face with this argument, but it kinda sounds like the Trump Campaign suit against PUSA, which is clearly designed to try to get around NYT v. Sullivan (since Trump is a public figure and can't sue for slander without showing malice, and there isn't any in that case). Or maybe that's just an unfortunate coincidence. This could certainly have been an attempt to cut off a jurisdictional dispute raised in the New York Supreme Court, which could have slowed down any TRO or injunction until that issue was settled. Anyway, legally, it's pretty much a hiccup. I have read that Mary's lawyer asserts both Donald and Robert (it's creeping me out my brother's name is Donald, now) waived enforcement of the NDA by breaching it themselves (very likely), and besides "prior restraint" faces an uphill battle in any court, so this is ultimately no more than interesting.
I know it's supposed to sink Trump somehow or another, but honestly if you're still on Trump's side by now, wild horses aren't going to drag you away from your conclusions. For the rest of us, it's just another example of how sad and tawdry this whole family is. The rich are different, huh?
It’s really hard to bring a lawsuit so completely lacking in merit that it gets tossed out in 48 hours. It’s quite impressive, actually.— George Conway (@gtconway3d) June 25, 2020
Congratulations to @realDonaldTrump—you’ve handled this as well as you’ve handled the affairs of the nation! https://t.co/LzcfskKVjZ
Yeah, there's still that.
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