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Fired Trump Aide Fights $10M Arbitration Demand

MANHATTAN (CN) — Donald Trump's former political consultant Sam Nunberg sued Trump's campaign committee in New York Tuesday, to stay an "unauthorized arbitration" demanding $10 million from Nunberg, who ditched the mogul in favor of Sen. Ted Cruz.

Samuel D. Nunberg served twice as Trump's political consultant before cutting ties in April 2015. He sued Donald J. Trump for President and Trump 2012 PCA in New York Supreme Court, seeking a temporary and permanent stay of the Trump-initiated arbitration.

The Associated Press reported this week that Trump initiated the private arbitration, accusing Nunberg leaking confidential information to the press, in violation of a nondisclosure agreement.

But in his 9-page lawsuit, Nunberg calls that a pretext to chill his "constitutionally protected rights of free speech and association while also interfering with his political consulting business activities."

"Unfortunately, Donald J. Trump For President, Inc., with whom Mr. Nunberg has no agreement to arbitrate, is attempting to bully Mr. Nunberg into silence, although he has not disparaged Mr. Trump or any other entity referred to in the agreement," the complaint states.

Nunberg claims that Trump made his "in terrorem" damages demand in a "misguided attempt to cover up media coverage of an apparent affair its former campaign manager was witnessed as having with a Trump Campaign female staffer."

The Trump Organization's general counsel Alan Garten told CNN in a statement Wednesday that "Mr. Trump requires employees to sign and adhere to strict confidentiality agreements. When the agreements are not adhered to he will enforce them to the full extent of the law, and Mr. Trump's litigation track record on such matters is outstanding."

Nunberg and Trump made headlines a year ago when Nunberg was fired after old Facebook posts emerged in which Nunberg allegedly made racially disparaging comments and called President Barack Obama a "Socialist Marxist Islamo Fascist Nazi Appeaser."

Nunberg denied making the posts.

Nunberg's lawsuit cites the New York Post's Page Six gossip column of May 10 this year: "Trump Campaign Staffers Get into Public Screaming Match."

The shouting staffers named in the article were former campaign manager Corey Lewandowski, now a CNN commentator, and spokeswoman Hope Hicks.

Trump's campaign served Nunberg with the arbitration demand weeks later, according to the lawsuit.

"Not only did Mr. Nunberg not provide the reported information to the New York Post concerning that public display which was witnessed by others on a public street, on information and belief, the reported public quarrel between Trump campaign personnel occurred outside the scope of the activities of the Trump campaign," the complaint states.

Nunberg calls the arbitration an attack on his constitutional rights.

"The gravamen of the claim attacks Mr. Nunberg for his reasoned endorsement of Sen. Cruz, and for his statements to the press concerning the ongoing presidential campaign," the complaint states. "Mr. Nunberg is being harassed by the Trump campaign for exercising free speech and voicing his opinion on material issues that the public is entitled to know before voting on Nov. 8, 2016."

He is represented by Andrew Miltenberg, with Nessenoff & Miltenberg.

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