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Trump's brother files a new lawsuit to block niece Mary Trump's family book

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

Chip Somodevilla | Getty Images

As expected, President Donald Trump's brother has filed a new lawsuit to permanently block her niece's new scrapbook on the wealthy family, the day after a judge at another New York state court made his first such jurisdictional efforts had rejected reasons.

Robert Trump's recent lawsuit against Mary Trump's upcoming book, on the grounds that it allegedly violates a confidentiality agreement, has been brought before the Dutchess County Supreme Court in New York. Robert Trump lives in this county and his brother, the president, owns a golf course there.

Robert Trump's filing, in which both Mary Trump and publisher Simon & Schuster are named as defendants, was expected after his first attempt to stop the book was dismissed on Thursday at the Queens County Surrogate & # 39; s Court.

But his lawyer, Charles Harder, had told CNBC on Thursday that the new case would be filed with the New York County Supreme Court in Manhattan and not in Dutchess County, about 80 miles north of New York City.

Harder, who also represented President Trump on other issues, did not immediately respond to a request for comment on Friday.

Mary Trump's lawyer, Theodore Boutrous, said in an email that the new lawsuit was "another unsubstantiated attempt by the Trump family to instigate unconstitutional prior restraint to block the key political speech regarding the president."

"It will fail," said Boutrous.

Mary's book "Too Much and Never Enough: How My Family Made the Most Dangerous Man in the World" is scheduled for release on July 28th. Mary is the daughter of Fred Trump Jr., the president's older brother, who died when Mary was a teenager.

Like the previous Queens County filing, Robert Trump argues that the book will violate the non-disclosure agreement Mary signed with him, Donald Trump, and her sister, retired federal judge Maryanne Trump Barry, in 2001 after a lawsuit over the Will of the late father of older Trump, Fred Trump Sr.

Mary may "not write a book," President Trump said recently.

Robert's lawsuit says the Confidentiality Pact prevents anyone who signs the NDA from writing about their lawsuit about Fred Sr.'s will or "their relationship with one another."

Mary L. Trump's book

Source: Amazon.com

On Thursday, Queen's County 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 flawed" because it was filed in connection with, among other things, a probate case with the Surrogate & # 39; s Court for the property developer Fred Trump Sr.'s estate, which was discontinued in 2001 and is therefore in that court "not existent".

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

Simon & Schuster said the book was "an insightful, authoritative portrait of Donald J. Trump and the toxic family that made him."

Simon & Schuster said in a statement on Thursday: "We look forward to releasing Mary L. Trump's TOO MUCH AND NEVER ENOUGH, and are confident that if further efforts are made to suppress this release, we will prevail . "

A spokeswoman for the editor, who commented on Friday, said the previous statement "is still".

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