Trump loses bid to enforce Omarosa Manigault Newman’s NDA

Former President Trump has lost a bid to enforce Omarosa Manigault Newman’s nondisclosure agreement filed after the former White House aide and star on “The Apprentice” penned a book about her experience serving in his administration.

The arbitrator, Andrew Brown, wrote in a decision dated on Friday and handed down on Monday that the definition of what kind of comment was protected by the NDA was so vague that it was rendered meaningless.

He also reportedly said statements from Manigault Newman were hardly included in privileged information.

The decision orders Manigault Newman to receive legal fees from the Trump campaign.

“The statements do not disclose hard data such as internal polling results or donor financial information,” Brown wrote

“Rather, they are for the most part simply expressions of unflattering opinions, which are deemed ‘confidential information’ based solely upon the designation of Mr. Trump. This is exactly the kind of indefiniteness which New York courts do not allow to form the terms of a binding contract,” he added.

The arbitration is confidential, which means that only involved parties are able to release information about the case. The New York Times first reported on the arbitrator’s decision.

That’s right, folks. We won. We won. We won. We beat the former President of the United States at his own game and added precedent to show his NDA is worthless. Kudos to @OMAROSA for her fight. https://t.co/eyVfsaznCd pic.twitter.com/UbWeyJQlXk

— John M. Phillips (@JohnPhillips) September 28, 2021

Manigault Newman, in a statement following the arbitrator’s decision, said she is “very happy” with the ruling, and called Trump a “bully.”

“Clearly, I am very happy with this ruling. Donald has used this type of vexatious litigation to intimidate, harass and bully for years! Finally the bully has met his match!” Manigault Newman said.

I would like to thank my amazing legal team @JohnPhillips @erica_esquire @warriorlawyer and @JoeyJacksonEsq! #DavidvsGoliath https://t.co/A4MiymlJ2E

— Omarosa (@OMAROSA) September 28, 2021

Brown also ruled that the agreement “effectively imposes on Respondent an obligation to never say anything remotely critical of Mr. Trump, his family or his or his family members’ businesses for the rest of her life,” adding that “such a burden is certainly unreasonable.”

Trump’s campaign filed for arbitration against Manigault Newman in August 2018 after she published a tell-all book, titled “Unhinged: An Insider’s Account of the Trump White House,” which was released that month.

The book included accounts that depicted Trump as an out-of-control president and claims that she saw the president’s “mental decline.”

Manigault Newman also included stunning details regarding Ivanka Trump, Melania Trump and then-Vice President Mike Pence.

When Trump’s team worked to contradict the claims made by Manigault Newman, she released audio recordings that bolstered a number of her allegations.

The campaign filed a claim with the American Arbitration Association in New York City against Manigault Newman for “breach of her 2016 confidentiality agreement with the Trump Campaign.”

Trump, in a statement to The Hill, said people at the White House “truly hated her.”

“I gave Omarosa three attempts at The Apprentice and she failed. At her desperate request I gave her an attempt at the White House and she failed there too, people truly hated her. At least now I don’t have to let her fail anymore,” Trump said.

“Nobody in her life has done more for Omarosa than a man named Donald Trump. Unfortunately, like certain others, she forgot all about that — which is fine with me!” he added.