Queens judge dismisses Trump family book dispute — See the decision here

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AP PHOTO/PAUL SANCYA.

AP PHOTO/PAUL SANCYA.

By David Brand

A Queens Surrogate’s Court judge has dismissed an attempt by Donald Trump’s brother to kill a tell-all book penned by the president’s estranged niece, ruling that the court was not the appropriate venue for the dispute.

An attorney for Robert Trump, the chief executive’s younger brother, filed paperwork Tuesday requesting a restraining order to block niece Mary Trump and publisher Simon & Schuster from releasing the book, billed as an account of Trump family intrigue.

The court filing claims the book would violate a nondisclosure agreement related to the settlement of the estate of Fred Trump Sr., the president’s father and Mary Trump’s grandfather. Fred Trump Sr. died in 1999 and his estate was administered in Queens Surrogate’s Court in 2001. 

Justice Peter Kelly, however, ruled that Surrogate’s Court was not the right place to litigate the book issue, despite the NDA.

“The mere fact that the terms of the agreement alleged to be violated are contained in a stipulation of settlement arrived at during a probate contest is not enough, standing alone, to empower this court to obtain jurisdiction,” Kelly wrote in his decision. “The irrefutable conclusion is, regardless of the outcome of this matter, the administration of this estate will not be impacted one iota.”

Mary Trump is the daughter of Donald Trump’s older brother Fred Trump Jr., who died in 1981. Simon & Schuster is set to publish the book, titled “Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man,” on July 28.

Kelly said the question of whether Mary Trump violated the NDA was “the crux of the legal dispute,” but did not relate to the estate.

“Under the scenario presented, it can not be successfully argued this dispute effects [sic] the administration of the decedent's estate,” he wrote in his decision.

Mary Trump’s attorney Ted Boutrous praised the ruling.

“The court has promptly and correctly held that it lacks jurisdiction to grant the Trump family’s baseless request to suppress a book of utmost public importance,” Boutrous said in a statement. “We hope this decision will end the matter.”

“Democracy thrives on the free exchange of ideas, and neither this court nor any other has authority to violate the Constitution by imposing a prior restraint on core political speech,” he added.

Robert Trump’s attorney Charles Harder said he would file a new lawsuit in state Supreme Court.

“Robert Trump, Mary Trump and the other family members who settled in 2001, agreed to jurisdiction of future disputes in the Surrogate’s Court of Queens County, New York. This matter therefore was filed in that court,” Harder said in a statement. “Today, the Surrogate’s Court ruled that it does not have jurisdiction over the dispute. Therefore, Robert Trump will proceed with filing a new lawsuit in the Supreme Court of New York.”

SEE THE DECISION: