Unsealing of divorce records

Donald and Ivana Trump fight unsealing of divorce records

By Josh Gerstein

Donald Trump and his ex-wife Ivana are fighting an effort to unseal records of their 1990 divorce, arguing that the real estate mogul's presidential bid is no basis for prying into court filings related to the couple's split.

The Trumps filed separate legal briefs Tuesday in state court in Manhattan, urging a judge to reject the unsealing motion brought last month by The New York Times and newspaper chain Gannett.

"In seeking to invade the Trumps' 26-year-old confidential matrimonial files, the Times and Gannett, as shown in Mr. Trump's filing in opposition to their motion, rely on entirely unprecedented and erroneous arguments that are contrary to the protections afforded by the Legislature over 150 years ago," attorney Marc Kasowitz wrote in Donald Trump's response to the media motion.

In addition to her legal arguments against the unsealing, Ivana Trump submitted a personal affidavit with the court, pleading to keep the records private.

"I do not want the details of our divorce (most of which have already been reported extensively) to be opened up and displayed to the general public for their misinterpretation and amusement," Ivana Trump wrote. "Donald and I currently share a warm relationship and our family should not be forced to relive this part of our past because he is running for president."

Under New York law, divorce records are normally sealed, but can be released if a judge decides that "special circumstances" justify disclosure.

The Times and Gannett argued that Donald Trump's treatment of women, finances and personal credibility are at issue in the presidential campaign, creating an "intense" public interest in the divorce files. The news outlets also noted that the divorce was granted in 1990 on grounds of "cruel and inhuman treatment" by the real estate mogul.

However, Donald Trump's lawyers say the interests advanced by the media don't amount to the kind of "special circumstances" that justify disregarding the presumption of secrecy.

"The courts [in New York] have never overridden those protections because of a purported public interest in vetting political candidates," wrote Kasowitz and other attorneys from the New York-based firm Kasowitz Benson Torres & Friedman as well as longtime Trump Organization lawyer Michael Cohen. "There is simply no importance, overriding or otherwise, to unsealing the matrimonial records of a political candidate."

The GOP presidential candidate's brief also veers into one of the hot political topics of the day—Democratic presidential candidate Hillary Clinton's health—with a warning that a decision to open up divorce files could create "an untenable slippery slope" leading to opening other records normally considered confidential such as candidates' academic and medical records.

"For example, President Obama did not release his academic records, even though he made his intelligence and preparation campaign issues, and Secretary Clinton is not revealing her medical records, even though her medical condition is being raised as an issue in the current campaign. Nor could or should they be compelled to do so," Donald Trump's submission says.

Clinton has released a two-page statement about her health issued by her physician, but has not disclosed original or detailed medical records. Trump has released a less-detailed statement from his doctor. Both candidates have indicated plans to make more health information public.

The real estate mogul's legal team also argues that he should not face additional court-ordered disclosures just because he has discussed aspects of the divorce publicly. "It may very well be the undisclosed details that deserve and require the most protection," the brief says.

Ivana Trump's lawyer, Ira Garr, emphasized that releasing the court file would be particularly unfair to his client because she isn't running for anything.

"Our argument is made on behalf of Ms. Trump, who, although well-known, is a private citizen," Garr wrote. The brief goes on to cite news reports alleging that Ivana Trump once claimed that Donald Trump raped her, although the brief filed Tuesday refers to such reports as "previous misinterpreted statements and allegations."

Garr said in a brief interview Tuesday that he doesn't see how the divorce-court record would alter anyone's opinion of the real estate investor and GOP presidential nominee because people have either factored such issues into their voting decisions or don't view those points as relevant to their decision.

"Does anybody doubt that Donald isn’t that nice to women?" Garr asked. "Could you watch his interview with Megyn Kelly and say, 'He's nice to women?'

The judge handling the motion, Supreme Court Justice Frank Nervo, has not yet indicated whether he plans to hear arguments on the matter.