President Trump at the White House on June 26. Photo: Drew Angerer/Getty Images

The injunction on a memoir about President Trump written by his niece was lifted on Wednesday by a judge in New York Supreme Court's Appellate Division, Second Department.

Driving the news: The judge ruled that publisher Simon & Schuster did not seem to be bound by the confidentiality agreement signed by Mary Trump, author, of the book "Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man," which was due for release on July 28. However, Justice Alan Scheinkman upheld the restraining order against the president's niece.

What they're saying: "While Ms. Trump unquestionably possesses the same First Amendment expressive rights belonging to all Americans, she also possesses the right to enter into contracts, including the right to contract away her First Amendment rights,” the judge said.

  • "Unlike Ms. Trump, Simon & Schuster has not agreed to surrender or relinquish any of its First Amendment rights."

The big picture: The president's younger brother Robert Trump filed a lawsuit against their niece, who's the daughter of their deceased elder brother Fred Trump Jr., over the tell-all book.

  • The president told Axios' Jonathan Swan last month that Mary Trump was "not allowed to write a book" because of the non-disclosure agreement she signed.
  • A New York judge issued an injunction temporarily blocking publication of the memoir on Tuesday.

What's next: Mary Trump’s attorney Ted Boutrous tweeted that he would file a brief in the trial court on Thursday explaining why the order against her "must be vacated."

Go deeper: Trump says niece "not allowed" to write book because of nondisclosure agreement

Editor's note: This article has been updated with new details throughout.

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Updated Oct 7, 2020 - Politics & Policy

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Photo: Nicholas Kamm/AFP via Getty Images

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What's next: Trump is expected to attempt appealing the decision in the Supreme Court, per the New York Times, although Vance has agreed to not enforce a subpoena for 12 days as long as the president's lawyers move quickly.

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