Theodore Boutrous Jr. Photo: Diego M. Radzinschi/ALM

The injunction sought by President Donald Trump's brother is "no longer capable" of stopping the release of his niece's upcoming book about the president's family relationships, Gibson, Dunn & Crutcher partner Theodore Boutrous argued in court filings July 2.

And on Monday the book publisher moved up the release date for the tome by two weeks.

According to Boutrous, who is representing the Trump brothers' niece Mary Trump, publisher Simon & Schuster has already acted independently to print and ship thousands of copies of the book to retailers, meaning that any injunction from the court would be "futile."

The New York Supreme Court, Appellate Division, Second Department on July 1 upheld a Dutchess County Supreme Court justice's temporary restraining order against Mary Trump but vacated the order issued against Simon & Schuster.

Mary Trump was sued June 26 by Robert Trump, who has argued that she is forbidden by a settlement agreement associated with her grandfather's will from publishing information about her relationships with the president, Robert Trump and their sister, former Judge Maryanne Trump Barry of the U.S. Court of Appeals for the Third Circuit, without their consent.

In an affidavit signed July 2, Mary Trump wrote that she "lost any ability to prevent or delay the publication" of the book, "Too Much and Never Enough: How My Family Created the World's Most Dangerous Man," after Simon & Schuster formally accepted it in May. In addition, she wrote, Simon & Schuster is in control of printing, shipping and distributing the book to reviewers, booksellers and the news media.

The book had been set for publication July 28, but on Monday, the planned publication date was moved up to July 14, according to Simon & Schuster's website.

Attorneys representing Mary Trump, Simon & Schuster and First Amendment advocacy groups have argued in court papers that the book covers matters of public interest about which she has a right to speak under the First Amendment.

In a memorandum filed July 2, Boutrous argued that the settlement agreement's confidentiality provision should not be interpreted as a perpetual ban on family members' ability to speak about "issues of public concern, in particular where one of those family members has voluntarily made his life a public issue by running for and becoming president of the United States."

Judicial interference in the book's publication would be "historic" and "unprecedented," Boutrous wrote.

Boutrous also argued that the first copy of the settlement agreement, filed by Robert Trump's legal team, was redacted in a misleading way. A second copy of the agreement was filed under seal by the Gibson Dunn team.

"That the parties did not intend that the agreement impose the broad, sweeping, lifetime gag-order that plaintiff alleges is demonstrated not only by the agreement itself but the parties' conduct since its execution," Boutrous wrote. "Plaintiff and his siblings have made multiple public comments over the years regarding their family relationships."

Read more:

NY Appeals Court Keeps Block Against Mary Trump in Book Fight, But Lifts It for Her Publisher

Lawyer for Trump Sibling Seeking to Block Publication of Book About President's Family Relationships Tells Court Time Is Running Out

First Amendment Advocates Protest 'Extraordinary' Order Blocking Publication of Mary Trump's Book