General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNon-Disclosure Agreements (NDA's)
I have been scratching my head wondering why every single Trump official lies about meetings with Russians???
It doesn't make sense for someone to lie in such a way.
Unless, they were required to sign an NDA stating that they would say nothing about Russia and would not respond to any questions about Russia?
Has everyone in the Trump White House signed a non-disclosure agreement?
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From Wikipedia:
A non-disclosure agreement (NDA), also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA) or secrecy agreement (SA), is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects non-public business information.
unblock
(52,350 posts)so while they may well have signed such agreements, they're not legally bound to do anything illegal such as commit perjury or obstruct justice or falsify official documents.
more likely they're lying because they know damn well they're all up to their necks in illegal activity and their best shot at getting away with it is for all of them to lie about it.
even though they're not good at it.
jberryhill
(62,444 posts)An NDA does not require you to lie, nor does it relieve you of any legal obligation to disclose a fact.
For example, if I pay you $X under a confidential agreement, you cannot then simply fail to report your income to the IRS. You have a legal obligation to report your income, and you cannot enter into some private agreement not to do so.
PJMcK
(22,054 posts)Would Trump's NDA's prevent signees from revealing information if they were before Mueller's grand juries?
I suspect they would but thanks, in advance, jberryhill.
Kentonio
(4,377 posts)No NDA could prevent you being compelled to reveal information to a grand jury regarding a criminal matter.
PJMcK
(22,054 posts)Trump's NDA's are probably worthless, anyway. If someone did violate one, Trump would have the burden of proof and it would inevitably lead to further disclosures.
Have a great afternoon, Kentonio.
jberryhill
(62,444 posts)Most NDA's will mention something along the lines of "unless otherwise obligated to do so by law" or language to that effect.
One minor thing that can come up is in the event of a subpoena. A subpoena, like any other order, can be challenged on a variety of grounds (overbroad, relevance, etc.). Typically, if you are subpoenaed to disclose information subject to an NDA, you should provide the other party with notice of the subpoena so that they have the opportunity to challenge it.
"If someone did violate one, Trump would have the burden of proof and it would inevitably lead to further disclosures."
Not necessarily. First, it's a good idea to put a liquidated damages provision into an NDA. I see a lot of them where I wonder how the other side would intend to prove up damages. Instead, a "liquidated damages" clause is essentially a statement that, "if you violate this, you owe me $X, flat out."
Also, papers in a civil case can be sealed, and are frequently sealed to protect things like trade secrets or other proprietary information. All one has to do is to file a suit in breach of contract (the NDA) and then move to have the rest of it sealed as it relates to the details.
I knew you'd have knowledge of this, jberryhill.
Kentonio
(4,377 posts)But there isn't a chance in hell that I'd publicly lie to maintain one, although I might refuse to talk. I absolutely wouldn't even consider even for a single heartbeat though lying to law enforcement or refusing to discuss something simply because of an NDA. No NDA provides any kind of indemnity against criminal activity.