Donald Trump, a/k/a Der Trumpenführer on this blog, has a long history of threatening to sue those who cross him, including the large number of women who have accused Trump of sexual assault, yet Trump never follows through on such threats? Why? As an attorney familiar with the discovery process in the context of litigation, the answer is easy: once a lawsuit is filed, opposing counsel can make discovery requests - that the trial court can enforce - that include written responses to (interrogatories is the legal term) and force a plaintiff to turn over documents. Once litigation is underway, individuals can also be subpoenaed and forced to testify or else face contempt of court charges and jail time. Now, with the release of Omarosa Manigault Newman has released her book and tapes embarrassing to Der Trumpenführer is again threatening litigation. Thankfully, her publisher is calling Trump's bluff and is flat out warning Trump that should he sue, he will live to be very sorry. The Washington Post and other outlets look at the response to Trump's threats and bullying. Here's the telling quote via Joe Jervis' blog:
“While your letter generally claims that excerpts from the book contain ‘disparaging statements,’ it is quite telling that at no point do you claim that any specific statement in the book is false. Your client does not have a viable legal claim merely because unspecified truthful statements in the Book may embarrass the president or his associates. At base, your letter is nothing more than an obvious attempt to silence legitimate criticism of the president.
“My clients will not be intimidated by hollow legal threats and have proceeded with publication of the Book as scheduled. Should you pursue litigation against S&S, we are confident that documents related to the contents of the Book in the possession of President Trump, his family members, his businesses, the Trump Campaign, and his administration will prove particularly relevant to our defense.” – Simon & Schuster counsel Elizabeth McNamara.
Again, there is a reason Trump's threats of lawsuits never follow through. Only an utter fool - which may describe Trump has he lurches more and more out of control - would initiate litigation that could allow the opposing side to gain all kinds of documentation and testimony that could prove horrific to Trump's interests. I doubt any competent attorney would advise Trump to file suit against Omarosa or any one else on his enemies list for the simple reason that the discovery process could prove disastrous to Trump, a man so blinded by his ego that believes he knows more and is smarter than anyone else.
No comments:
Post a Comment