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octoberlib

(14,971 posts)
Sun Mar 18, 2018, 04:23 PM Mar 2018

Trump made federal employees sign nondisclosure agreements. Theyre supposed to last beyond

Opinions
Trump made federal employees sign nondisclosure agreements. They’re supposed to last beyond his presidency.




Reader, it happened. In the early months of the administration, at the behest of now-President Trump, who was furious over leaks from within the White House, senior White House staff members were asked to, and did, sign nondisclosure agreements vowing not to reveal confidential information and exposing them to damages for any violation. Some balked at first but, pressed by then-Chief of Staff Reince Priebus and the White House Counsel’s Office, ultimately complied, concluding that the agreements would likely not be enforceable in any event.

Moreover, said the source, this confidentiality pledge would extend not only after an aide’s White House service but also beyond the Trump presidency. “It’s not meant to be constrained by the four years or eight years he’s president — or the four months or eight months somebody works there. It is meant to survive that.”


“This is crazy,” said attorney Debra Katz, who has represented numerous government whistleblowers and negotiated nondisclosure agreements. “The idea of having some kind of economic penalty is an outrageous effort to limit and chill speech. Once again, this president believes employees owe him a personal duty of loyalty, when their duty of loyalty is to the institution.”

I haven’t been able to lay hands on the final agreement, but I do have a copy of a draft, and it is a doozy. It would expose violators to penalties of $10 million, payable to the federal government, for each and any unauthorized revelation of “confidential” information, defined as “all nonpublic information I learn of or gain access to in the course of my official duties in the service of the United States Government on White House staff,” including “communications .?.?. with members of the press” and “with employees of federal, state, and local governments.” The $10 million figure, I suspect, was watered down in the final version, because the people to whom I have spoken do not remember that jaw-dropping sum.

https://www.washingtonpost.com/opinions/trumps-nondisclosure-agreements-came-with-him-to-the-white-house/2018/03/18/226f4522-29ee-11e8-b79d-f3d931db7f68_story.html?utm_term=.7348d4185a5c



How is this legal???

29 replies = new reply since forum marked as read
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Trump made federal employees sign nondisclosure agreements. Theyre supposed to last beyond (Original Post) octoberlib Mar 2018 OP
"Laughably unconstitutional" dalton99a Mar 2018 #1
He should be impeached for this alone. octoberlib Mar 2018 #2
Correct: The Public Interest Over-rides Private Contractual Rights Stallion Mar 2018 #15
It's not legal, and simply does not apply if one is subpoenaed to provide MineralMan Mar 2018 #3
Not a single person working in The White House madaboutharry Mar 2018 #4
I remember we discussed this on DU before FakeNoose Mar 2018 #21
'senior White House staff members were asked to, and did, sign nondisclosure agreements elleng Mar 2018 #5
NDAs - not as comfy as real toilet paper, but just as useful in an emergency KG Mar 2018 #6
It's not. nt tblue37 Mar 2018 #7
didnt i read somewhere that this is illegal? samnsara Mar 2018 #8
Much like non-compete agreements at work, the whole idea of these NDAs is... MANative Mar 2018 #9
Sort of like Scientology's billion year contracts marylandblue Mar 2018 #10
Why is this an opinion piece? Kirk Lover Mar 2018 #11
Don't know . It was written by Ruth Marcus , the Post's deputy editorial page editor octoberlib Mar 2018 #12
Even if it's laughably unconstitutional NewJeffCT Mar 2018 #13
Yep, it'll cost them to defend themselves and not all of them have that kind of money. octoberlib Mar 2018 #17
Dump loves him some NDAs...... dawnie51 Mar 2018 #14
Stormy Daniels lawyer is going to be picking up new business...:) dameatball Mar 2018 #16
The idea that government business is his proprietary information and that he can personally profit unblock Mar 2018 #18
I cannot believe this is legal at all bluestarone Mar 2018 #19
WTF. These are against public policy Gothmog Mar 2018 #20
I wish I had one of these notorized. They will be worth a lot of money Ferrets are Cool Mar 2018 #22
I told my wife of this story, she laughed it off! GetRidOfThem Mar 2018 #23
No problem getting around this - these people "leak" like a sieve. Marie Marie Mar 2018 #24
He's so goddamned stupid that he thinks the government is run like one of his sleazy, crooked catbyte Mar 2018 #25
They work for the U.S. taxpayers, not Trump... (lucky for them we pay our debts) Freethinker65 Mar 2018 #26
Unenforceable I should think. Sophia4 Mar 2018 #27
Sounds like the same NDA Trump had Stormy sign. SunSeeker Mar 2018 #28
From the ACLU Gothmog Mar 2018 #29

Stallion

(6,473 posts)
15. Correct: The Public Interest Over-rides Private Contractual Rights
Sun Mar 18, 2018, 04:45 PM
Mar 2018

arguably the alleged contractual rights of government employees are owned by the public-certainly the written documents produced by government employees are owned by the public

madaboutharry

(40,147 posts)
4. Not a single person working in The White House
Sun Mar 18, 2018, 04:29 PM
Mar 2018

works for Donald Trump. They are employed by the United States government. These agreements are unconstitutional and not worth the paper they are writing.

FakeNoose

(32,328 posts)
21. I remember we discussed this on DU before
Sun Mar 18, 2018, 05:57 PM
Mar 2018

I'm sure this was in the news even before the inauguration, or just afterwards. It has been well-known how Trump requires new-hires to sign an NDA before they work in the Trump Org. That was also extended to Ivanka's company too.

As people were hired to work in the White House, many of them came over from the campaign, and they all had to sign the NDA. Probably they had to kiss his ass and swear loyalty too.

But lawyers here on DU were saying these NDAs weren't worth the paper they were written on because these people don't work for Trump. They're being hired to work in the US government. I hope they know their rights as US citizens and employees (or former employees) of the US government. He bullies everyone sooner or later.


elleng

(130,126 posts)
5. 'senior White House staff members were asked to, and did, sign nondisclosure agreements
Sun Mar 18, 2018, 04:30 PM
Mar 2018

vowing not to reveal confidential information and exposing them to damages for any violation.'

samnsara

(17,569 posts)
8. didnt i read somewhere that this is illegal?
Sun Mar 18, 2018, 04:30 PM
Mar 2018

..the prez is the gvnts property..he belongs to We The people and he was ( erroneously) hired to do a job for and by us.

MANative

(4,105 posts)
9. Much like non-compete agreements at work, the whole idea of these NDAs is...
Sun Mar 18, 2018, 04:31 PM
Mar 2018
intimidation. Both types of documents are notoriously difficult to enforce, and this, in government service, isn't worth the ink or paper on which it's printed.

NewJeffCT

(56,827 posts)
13. Even if it's laughably unconstitutional
Sun Mar 18, 2018, 04:41 PM
Mar 2018

it's going to keep some people silent. Why, because if they break the agreement, Trump will sue and they'll be forced to hire lawyers and it will drag on for a while, and then they can potentially get threatened by some random crazy deplorable type.

octoberlib

(14,971 posts)
17. Yep, it'll cost them to defend themselves and not all of them have that kind of money.
Sun Mar 18, 2018, 04:52 PM
Mar 2018

Lawyers of the rich and powerful make a career out of dragging out lawsuits.

dawnie51

(959 posts)
14. Dump loves him some NDAs......
Sun Mar 18, 2018, 04:45 PM
Mar 2018

and his thug lawyer likes compiling them. They rely on the basic decency of the signer to abide, but of course, Dump and Cohen have NO decency and lie, cheat and steal at every opportunity. A telling case for another way to fleece the rubes; everyone else has to toe the mark, but Dump is above such mundane practices. I hate these slugs.

unblock

(51,973 posts)
18. The idea that government business is his proprietary information and that he can personally profit
Sun Mar 18, 2018, 04:58 PM
Mar 2018

is morally and legally repugnant.

GetRidOfThem

(869 posts)
23. I told my wife of this story, she laughed it off!
Sun Mar 18, 2018, 06:15 PM
Mar 2018

She is a member of the Supreme Court bar, & a former Justice Department prosecutor.

Not enforceable. And most likely under duress, i.e. not even a legal contract.

Marie Marie

(9,999 posts)
24. No problem getting around this - these people "leak" like a sieve.
Sun Mar 18, 2018, 06:43 PM
Mar 2018

Really, have you ever heard so many leaks from any other administration?

catbyte

(34,165 posts)
25. He's so goddamned stupid that he thinks the government is run like one of his sleazy, crooked
Sun Mar 18, 2018, 07:14 PM
Mar 2018

little business scams. He can't control anything now and it's driving him berserk. I do have to agree with Trey Gowdy on one thing--if he's so innocent, why doesn't he act like it? Everything that orange buffoon has done since infesting the White House is act like a guilty man. Everything he does--especially in the last couple of months since Mueller didn't go away in the New Year--just screams consciousness of guilt.

What's that saying? He's so crooked that if he swallowed a nail he'd shit out a screw.

Freethinker65

(9,928 posts)
26. They work for the U.S. taxpayers, not Trump... (lucky for them we pay our debts)
Sun Mar 18, 2018, 07:18 PM
Mar 2018

No way in hell this is legal.

 

Sophia4

(3,515 posts)
27. Unenforceable I should think.
Sun Mar 18, 2018, 07:21 PM
Mar 2018

Our system of government is based on the ideal of transparency.

I hope that this will be challenged and brought before a jury.

SunSeeker

(51,367 posts)
28. Sounds like the same NDA Trump had Stormy sign.
Sun Mar 18, 2018, 07:34 PM
Mar 2018

In hers, the liquidated damages clause is $1 million for every breach, not $10 million. That's why Trump's lawyers claim she owes them $20M. They counted up 20 times she mentioned something covered by the agreement. I imagine they'll claim she owes Trump $20 BILLION after her interview on 60 Minutes airs on March 25.

Hopefully, the outcome of her lawsuit will be a ruling that such NDAs are unenforceable, freeing all WH staff to sing like canaries.

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