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Trump brother files new lawsuit seeking to block niece Mary Trump's tell-all book about family

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Republican president-elect Donald Trump (R) hugs his brother Robert Trump after delivering his acceptance speech at the New York Hilton Midtown in the early morning hours of November 9, 2016 in New York City.

Chip Somodevilla | Getty Images

President Donald Trump’s brother has, as expected, filed a new lawsuit seeking to permanently block publication of their niece’s new tell-all book about the wealthy family, a day after a judge in another New York state court tossed out his initial effort on jurisdiction grounds.

Robert Trump’s latest court action targeting Mary Trump’s forthcoming book on the grounds that it allegedly would violate a non-disclosure agreement was filed in Dutchess County [N.Y.] Court, where he lives, and where his brother, the president, owns a golf course.

Robert Trump’s filing, which names both Mary Trump and the publisher Simon & Schuster as defendants, was expected after his first attempt to stop the book was summarily dismissed Thursday in Queens County Surrogate’s Court.

But his lawyer Charles Harder had told CNBC that the case would be filed in New York County Supreme Court, which is in Manhattan, as the Surrogate’s Court judge suggested it could be, not in upstate Dutchess County. Harder, who has also represented President Trump on other issues, did not immediately respond to a request for comment Friday.

Mary’s book, “Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man,” is scheduled to be published July 28.

Like the prior court filing in Queens County, Robert Trump argues in his suit that the book will violate the nondisclosure agreement that Mary signed in 2001 with him, Donald Trump and their sister, retired federal appeals judge Maryanne Trump Barry, following a legal dispute over the will of the elder Trumps’ late father, Fred Trump Sr.

Mary is “not allowed to write a book,” President Trump recently said.

Robert’s suit says the confidentiality pact bars all peoople who signed the NDA from writing about their legal dispute over Fred Sr.’s will, or about “their relationship with each other.”

Mary L. Trump book

Source: Amazon.com

On Thursday, Queens County Surrogate’s Court Judge Peter Kelly dismissed Robert Trump’s injunction request just two days after it was filed, without waiting for a response from Mary’s lawyers.

Kelly noted that the filing was “fatally defective” because, among other things, it was lodged in connection with a probate proceeding in Surrogate’s Court for the estate of the real-estate developer Fred Trump Sr., which terminated in 2001, and which as a result is “non-existent” in that court.

Mary Trump, a 55-year-old clinical psychologist, is expected to identify herself in the book as the primary source for an explosive series in The New York Times about President Trump’s finances. The series won the Pulitzer Prize.

Simon & Schuster has said the book is a “revelatory, authoritative portrait of Donald J. Trump and the toxic family that made him.”

Mary’s lawyer, Theodore Boutrous, did not immediately respond to a request for comment.

Boutrous told CNBC on Thursday after Kelly’s ruling that, “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.”

Simon & Schuster, in a statement Thursday, had said, “We look forward to publishing Mary L. Trump’s TOO MUCH AND NEVER ENOUGH, and are confident we will prevail should there be further efforts to stifle this publication.”

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