Questions for DU legal minds

[PJMcK]

Yesterday, Steve Bannon was threatened with legal actions by Trump's attorneys. Here's a paragraph from The Daily Beast:

Charles Harder, one of Trump’s lawyers, said in a statement late Wednesday that Bannon has been notified “his actions of communicating with author Michael Wolff regarding an upcoming book give rise to numerous legal claims, including defamation by libel and slander, and breach of his written confidentiality and non-disparagement agreement with our clients,” ABC News reports. “Legal action is imminent,” the statement warns. Harder reportedly informed Bannon he could be forced to fork over “monetary damages” for his “disparaging” and “in some cases outright defamatory” statements.

My questions center on any non-disclosure agreements that Trump's lawyer referred to.

1. If Bannon was an employee of the United States government, how could Trump claim such a privacy agreement has legitimacy?
2. Libel and slander are among the wrongs Trump's team allege. Given the publicly-led lives of the Trumps, wouldn't such charges be extremely difficult to prove?
3. Voicing one's opinion is sort of a Constitutional right in the United States. How could Bannon's opinions of Trump and his kids be defamatory or disparaging where they would legally harm the Trumps?
4. Throughout Trump's life, his threats of overwhelming legal actions have enforced his NDAs. If Bannon is rich enough to fight back, how would such a defense be mounted? Wouldn't Bannon be able to take depositions of anyone involved in Trump's hypothetical lawsuits?
5. Trump has threatened lawsuits many times only to not follow through. Isn't that probably the case here?

Thanks, in advance, for anyone's ideas about these questions.

[Historic NY]

1. Lets go to a courtroom & take testimony...

one of Trump pet peeves was libel laws. He can say whatever the hell he wants but others can't.

[PoliticAverse]

2. Public threats to sue someone are almost always for PR/intimidation reasons.

If you are going to sue, you sue.

[PJMcK]

11. Just what one expects from Trump

All bluster, no follow-through.

Loser.

[onenote]

3. All of your questions answered in this article

https://www.washingtonpost.com/news/morning-mix/wp/2018/01/04/trumps-cease-and-desist-letter-a-desperate-attempt-to-silence-bannon/?hpid=hp_rhp-top-table-main_mmix-bannonletter-826am%3Ahomepage%2Fstory&utm_term=.b6beef9ad8ef

[PJMcK]

6. Great article

Thanks very much, onenote.

[Gothmog]

8. Great article

[marylandblue]

4. As an employee of the US, no NDA is valid

As a campaign official an NDA might be valid, but since that the author was given access by the campaign, it may be implied he was not covered under the NDA.

Since Trump is a public figure, the standard is that the libel must be made with actual malice. Today Bannon cleverly said he supports Trump. So no malice. He could simultaneously believe Trump is a stupid idiot and will save the country, like a political idiot savant.

If there were a lawsuit, yes Bannon could take depositions, including of Trump himself, and Bannon has the resources to defend himself.

The purpose of the threat is not to stop Bannon, but to stop others from leaking, particularly those not rich enough to defend themselves.

[PJMcK]

9. Your last point seems most astute

Trump's lawyer wasn't speaking to Bannon. He was speaking to all the other Trumpettes.

Thanks for pointing that our, marylandblue.

[TreasonousBastard]

5. I am not a lawyer, but real lawyers have been ripping this apart on the news...

It has been generally agreed that this action is, well, stupid and will be thrown out if it actually gets to court. Trump does not have the best lawyers working for him.

While a confidentiality agreement my be enforced while the campaign was on (although that's not certain) everything that happens in the White House is the property of the nation and there is no such thing as confidentiality. OK, there are secrets and such, but national security is a different animal.

Libel and slander against a sitting President just ain't happening. You can say damn near anything you want unless you're plotting a revolution, harming him, or maybe other specifically illegal acts.

[HopeAgain]

7. There will be no lawsuit

Trump is angry and he wants something done. His attorneys oblige, knowing that there will be no lawsuit for reasons stated in the WaPo Article. But Trump knows that most his MAGAmites don't know much about anything, and a legal sounding letter will give credence to his claim that Bannon is lying. There is this belief among some that a "Cease and Desist" isn't sent gratuitously when, in fact, they are sent without basis all the time (which doesn't say much about the level of legal professionalism these days).

[left-of-center2012]

10. Trump's always threatening to sue someone

He said he'd sue the women who said he sexually assaulted them,
and then did nothing.

[PJMcK]

12. Can you imagine if he did sue his accusers?

Trump would be open to depositions from every one of his accusers! He could never survive that.

[CK_John]

13. Anybody can sue for the price of a county cost per page.

[duforsure]

14. Bannon and his lawyers are laughing

Just like with what Ted Cruz said, depositions would create many more legal problems for them.