Comedian Bill Maher appeared on the January 7, 2013, episode of The Tonight Show With Jay Leno. In an interview largely focused on poking fun at politicians, Maher turned his attention to then-real-estate-mogul and reality-television-star Donald Trump, who had recently offered to pay $5 million to the charity of President Barak Obama’s choice, if Obama released his college and passport records and applications. Maher began by noting that an orangutan’s hair was the only thing in nature that matched the color of Trump’s hair. Maher further stated that he would donate $5 million to Trump, which Trump would then donate to a charity of his choice, if Trump would provide evidence that he was not “the spawn of his mother having sex with an orangutan.” Maher suggested Trump might choose the “Hair Club for Men” or the “Institute for Incorrigible Douchebaggery” as his charities. On January 8, Scott Balber, one of Trump’s attorneys, sent a letter to Maher, which stated, “I write on [Donald Trump’s] behalf to accept your offer (made during the Jay Leno Show on January 7, 2013) that Mr. Trump prove he is not ‘the spawn of his mother having sex with an orangutan.’” Balber enclosed with the letter a copy of Trump’s birth certificate, indicating that it showed Trump’s father to be “Fred Trump, not an orangutan” and demanding that Maher “remit $5 million to Mr. Trump immediately.” The letter indicated that Trump would allocate the money in equal shares to four charities. When Maher ignored the letter and a subsequent demand, Trump’s attorneys filed a lawsuit against Maher for breach of contract. Was Maher’s statement on The Tonight Show an offer that created a contractual obligation once Trump accepted by providing evidence of his actual, non-orangutan parentage?