We’ve discussed previously what a gi-normous misuse of government assets this suit by the DOJ is.

After dinner and dessert — and a lil’ more time to reflect, with a frosty root beer… I will note that it is an even bigger waste of our taxpayer funds, than I first imagined… because there is no “there, there…” in this supposed suit (for a private contract breach). In sum, on the substance of Melania’s claim… there is in fact, no substance.

Let me explain: it is highly likely that the Trump family (Melania included) has long used these NDA agreements, as private parties — to control the narrative about them. Several chunks of this agreement (Sections VI, VIII and X, among others) read very much like a private wealthy party NDA, for “domestic” and other ancillary help.

I will thus conjecture that Ms. Wolkoff had previously signed one (when Melania was just a NYC socialite) — and that it took until August of 2017 (eight months into Trump’s term) to work out an agreeable written “government duties / negotiated” version, that addressed the all differences between being a party planner for a private New York City socialite, and the duties of (among others) avoiding waste — imposed on a FLOTUS, now on our payroll.

To that end, given that there are reports of very inefficient spending patterns in the book, at left — and given the likely futility of reporting these goings-on to any acolyte White House Counsel (as we’ve seen with numerous others), or the ethics officer in the White House — it is very likely that this book is also a form of federally protected whistle-blowing, under common law.

In this regard, I would note specifically Melania’s callous attitude about the welfare of innocent babies being ripped from their parents at the border (on audio tape, no less!) — in a clear violation of enforceable treaties we’ve signed, and the international protocol on refugees, as well as several congressional federal statutes — and dozens of federal rules.

Stacked against this, is a claim that a “contract” forces silence — on an no-doubt aghast fellow citizen — in which the second part of Section V of the contract itself acknowledges that federal law on responsible, open government cannot be trumped by a mere contract secrecy clause (in Section IV and elsewhere). No, the secrecy provision, if enforceable at all — must yield to public policy on open government. This is our own money — not theirs any longer, you see.

That Bill Barr and Melania style this as a government services contract… is in fact fatal to its enforceability. The “contract” itself amounts to an uncompleted gift — of services. As such it cannot be enforced at law — that is, a promise for which no money was exchanged — a pure gratuity… is no contract, at all. So, the idea that truthful reporting about Melania should cause a forfeiture, and a civil suit, by the government… based on promises made as gifts (i.e., not enforceable at law) is patently… silly.

So Bill Barr DOUBLY wastes our money, here. Charming. I’m out, now — fuming.

नमस्ते