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11.18.2016

Attorney Joanna Friedman Speaks to Daily Beast about Trump NDAs

Written by: Federal Practice Group
Written by: Federal Practice Group

News & Media

Donald Trump's use of nondisclosure agreements with his employees is widely known and now many are wondering if, as President-Elect, Trump will be able to enforce similar "gag orders" on his White House staff. The Daily Beast turned to our own Attorney Joanna Friedman for insight on this matter and whether or not it was possible.

According to Friedman, Trump—and any president—has the power to pass an Executive Order that could allow for NDAs. "He has the power to do it. I don’t think it’s a matter of someone signing a contract with Trump," Friedman told the Daily Beast. "Rather, he’ll use his executive powers to make it law that you have sign this to work for him."

On the campaign trail, Trump was asked about his use of NDAs and how that might translate to his possible presidency. "I don’t know, there could be some kind of a law that you can’t do this," he told the Washington Post. "But when people are chosen by a man to go into government at high levels and then they leave government and they write a book about a man and say a lot of things that were really guarded and personal, I don’t like that."

UNCHARTED TERRITORY

Attorney Friedman notes that while enforcing White House NDAs wouldn't be impossible, it would be unprecedented. "It is unheard of and it’s never happened," Friedman said. "But I think we all have learned in the last year that just because it’s unheard of, that doesn’t mean Trump’s not going to make it happen."

You can read more of "Trump Can’t Legally Make New Staff Sign NDAs—Yet" and Attorney Friedman's insight here.

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