Tuesday, August 14, 2018

Nice Life You Got There, Be A Shame....



Josh Marshal notes:

Trump and the Trump campaign are using the NDA arbitration path that worked so well with Stormy Daniels with Omarosa.

Omarosa says she signed an NDA with the campaign, but refused to sign one when she was in the White House.  Reports are White House Counsel Don McGahn drafted them to appease Trump, not because he thought they were worth the paper they were printed on.  Apparently she's right, she didn't sign one with the White House, since Trump is only indirectly enforcing the NDA against her.  And yes, JMM is right, it won't do much to stop Omarosa giving interviews or selling her book; indeed, it's probably unenforceable.

That's not the point.

The point is to remind all the people who signed NDA's but don't have the swagger of Omarosa, or indeed the high-profile (how hard was it for her to get a book deal?), that they, too, will be hiring lawyers and defending against million dollar lawsuits.  Does it matter if they can't win against you in court?  These are people who pay $15,000 a month to get people to sign new NDA's (as Omarosa has alleged was offered to her when she was fired, and as allegedly happened with Trump's dismissed bodyguard/driver).  They are showing they have the money and the will, and asking any employee of the White House (especially if they worked for the campaign):  do you?

This is a real problem.  Omertà was supposedly enforced by Mafia bosses with a bullet; Trump is doing the same thing with the legal system.  That is the real damage he is doing to the Presidency.  Impeachment won't erase it.  Losing re-election won't erase it.  Only legislation can erase it.

But will it?

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