• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises

2

Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that

3

Nearly 50,000 Lake Tahoe residents have to find a new power source after their energy source looks to redirect lines to data centers

1

The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises

2

Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that

3

Nearly 50,000 Lake Tahoe residents have to find a new power source after their energy source looks to redirect lines to data centers
Leadership

President Trump’s Threat to Sue Steve Bannon Rings Hollow to Legal Experts

By
Bloomberg
Bloomberg
and
Wilder Davies
Wilder Davies
Down Arrow Button Icon
By
Bloomberg
Bloomberg
and
Wilder Davies
Wilder Davies
Down Arrow Button Icon
January 5, 2018, 12:44 PM ET

Donald Trump’s unusual bid to muzzle his one-time top strategist is a flimsy legal gambit that could bring deeper complications for the president if he chooses to pursue it, according to legal experts.

Charles Harder, a Trump attorney, sent cease-and-desist letters to Steve Bannon and the publisher of a new expose about the Trump White House. The publisher, Henry Holt, responded by moving up the publication date of “Fire and Fury: Inside the Trump White House,” by journalist Michael Wolff, to Friday.

Should Trump follow through on his attorney’s legal threats, he’d have little chance of success in courts, according to legal experts, while opening himself to accusations of authoritarianism and disregard for the First Amendment. Any effort to push the matter to trial could backfire, they say — by potentially forcing Trump to produce documents or subject people in his circle to sworn depositions, and comproming an earlier argument that he’s too busy being president to do battle in court.

And if the president and his lawyers don’t follow up on their attempt to hold Bannon accountable for a non-disparagement deal, they run another risk: Others who made similar pacts, and have tales to tell, may feel emboldened to go public.

Trump’s lawyers are attempting to hold Bannon to a non-disclosure agreement they say he signed with Trump and his presidential campaign that was, like those apparently entered into by other advisers, unusually broad. Harder wrote to Bannon late Wednesday reminding him he’d agreed not to disclose confidential or disparaging information “during the term of your service and at all times thereafter.”

Experts say there are any number of reasons Trump would have a hard time prevailing in court. For starters, any agreement Trump had with Bannon would have effectively ended once both men became public officials, said Peter Henning, a law professor at Wayne State University in Detroit.

Trump Attempt to Bully Bannon in Court Would Fail: Noah Feldman

“There aren’t any confidentiality agreements in the government and certainly not with an individual,” he said. “Once someone becomes a government official he can’t be bound by the agreement because Trump wasn’t paying him. He’s an employee of the U.S. government and is subject to the rules. The confidentiality agreement is only with Donald J. Trump the individual, but Bannon worked for the office of the president.”

As hard as it might be to contain Bannon, stopping publication of a book by a journalist who talked to Bannon may be even more difficult.

“A non-disclosure or non-disparagement contract only binds the parties to the agreement, not others who obtain the information,” said Jonathan Adler, a professor of law at Case Western Reserve University in Cleveland. “It’s much harder to stop or punish third-party publication than it is to stop or punish a party to the agreement, and this obstacle is heightened given the clear public interest in matters relating to the conduct of a major political figure.”

The Constitution would stand in the way as well, said Kathleen Clark, who teaches ethics in government at Washington University law school in St. Louis.

“Our First Amendment doctrine is quite clear that the courts will be of no help to try to attempt to prevent speech by a former government official,” she said.

Nor is it likely Trump would prevail in a defamation case, said Samuel Estreicher, a New York University law school professor and director of its Center for Labor and Employment Law. Because Trump and his family members are considered public figures, under the law, he’d have to prove the publisher put out the book in “knowing or reckless disregard of the truth” — a exceedingly high hurdle for the president, Estreicher said.

About the Authors
By Bloomberg
See full bioRight Arrow Button Icon
By Wilder Davies
See full bioRight Arrow Button Icon

Latest in Leadership

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Leadership

texas
North AmericaHousing
The new American Dream doesn’t live in a big city. It lives in Celina, Texas
By Nick LichtenbergMay 15, 2026
3 hours ago
Harrison Ford wearing a bow tie
SuccessWealth
Before ‘Star Wars’ made him a multimillionaire, Harrison Ford struggled to make ends meet—so he spent 15 years working a trades side-gig
By Preston ForeMay 15, 2026
4 hours ago
Under Armour CEO Kevin Plank says micromanagement is ‘underestimated.’ Steve Jobs and Elon Musk would agree
C-Suitesuccess
Under Armour CEO Kevin Plank says micromanagement is ‘underestimated.’ Steve Jobs and Elon Musk would agree
By Sydney LakeMay 15, 2026
5 hours ago
jensen
Travel & LeisureChina
‘It’s so good’: Jensen Huang enjoys Beijing delicacies on trip with Trump
By The Associated PressMay 15, 2026
6 hours ago
lori
Commentarymental health
I run Valvoline Instant Oil Change and work with young people every day. They’re in crisis—and we all have to try to help
By Lori FleesMay 15, 2026
8 hours ago
michael
CommentaryEducation
AI is wiping out entry-level jobs. Here’s how colleges can fill the gap
By Michael HansenMay 15, 2026
8 hours ago

Most Popular

The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises
Politics
The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises
By Jake AngeloMay 12, 2026
3 days ago
Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that
Success
Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that
By Preston ForeMay 13, 2026
2 days ago
Nearly 50,000 Lake Tahoe residents have to find a new power source after their energy source looks to redirect lines to data centers
Travel & Leisure
Nearly 50,000 Lake Tahoe residents have to find a new power source after their energy source looks to redirect lines to data centers
By Catherina GioinoMay 12, 2026
3 days ago
Current price of oil as of May 14, 2026
Personal Finance
Current price of oil as of May 14, 2026
By Joseph HostetlerMay 14, 2026
1 day ago
The airplane fuel shortage is a myth propagated by airlines who want to cancel unprofitable flights, says private jet CEO
Energy
The airplane fuel shortage is a myth propagated by airlines who want to cancel unprofitable flights, says private jet CEO
By Jim EdwardsMay 14, 2026
2 days ago
Steve Jobs used a 'beer test' for interviews at Apple—if he didn’t want to drink with you, you didn’t get the job
Success
Steve Jobs used a 'beer test' for interviews at Apple—if he didn’t want to drink with you, you didn’t get the job
By Orianna Rosa RoyleMay 14, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.