Posted on 06/20/2020 8:06:34 AM PDT by knighthawk
A federal judge on Saturday allowed the forthcoming publication of John Boltons memoir to go ahead next week despite concerns it contains classified information - but criticized the former national security adviser for having gambled with national security.
(Excerpt) Read more at foxnews.com ...
War hawks in the deep state choose sides.
I hope DOJ sues him for violating his NDA and keeps it in court until he is completely broke.
From the Supremes all the way down to local Judges,I have lost all respect for these idiots in black robes.
If Bolton’s book does contain National Security info. then isn’t our Attorney General supposed to have Bolton arrested and charged? Or is Bolton another one of the many that are above the law?
I will bet on the latter.
All the “juicy” parts have already been leaked
The leaks sound like the usual ‘Orange Man said bad things’ so far.
“Bad Stuff ‘Bout Trump”
“Trump borrow Bolton’s soap and never give it back!”
Yep.
Hey, Barr can always prosecute Bolton.
*looks at sky*
[[Defendant Bolton has gambled with the national security of the United States. He has exposed his country to harm and himself to civil (and potentially criminal) liability.]]
Traitors to the country no longer need to secret the info out to foreigner countries- It seems to be very evident now, that today traitors only need to just write books so foreign governments can use TS info against the US-
John Bolton is going down in history as a treasonous Traitor- all because he had his nose bent by the President- what a vindictive jerk he will be seen as now-
I am sure China and Russia already have the information as reporters leaked it to them. I see the judges point that the genie cannot be put back in the bottle. What can happen is the US government can claw back all profits from the sale of the book and possibly prosecute and jail Bolton for releasing the information.
We’re missing something here. The judge ruled one way but said he ‘gambled’ with national security. In doing so he threw us a bone. Just like Comey dissing all of Hillary’s actions but not seeing any ‘intent’. Politicians and lawyers. Gotta see through this. Alan Bakke won his case. Supremes voted 5-4 saying he was discriminated against but universities were ALLOWED to let the policies continue by ‘taking into consideration’ race. Anyone remember Michelle Triola? She lost but the judge awarded her $104k for ‘retraining’. She claimed victory. She wanted $6 million.
Even if they were still alive, they could be dead from old age. This made sense in my head.
I think Bolton is relying on the media attention to sell his book. He doesn’t get it nobody cares what he has to say. He’s just angry he was taken out of the loop early on and ultimately let go. Now he thinks this will get him pay back.
Doubtful both would still be living post 100, but maybe one of them. As it was, they were executed on Juneteenth 1953.
letting someone publish said information to arrest and prosecute the same are two different things.Trump can't arrest or prosecute anyone.
If he could it would be a different and better world.
Semantics, my FRiend - the process often starts with the command structure, hence mentioning him.
🙄
That is not what was before the court. As far as enjoining publication, the court found that the horse is already out of the barn. It is too late to stop publication. But it is not too late to sue for any and all profits from the publication and to bring a criminal case for publishing classified material.
https://www.courtlistener.com/recap/gov.uscourts.dcd.219024/gov.uscourts.dcd.219024.27.0_6_1.pdf
United States v. Bolton, MEMORANDUM ORDER (20 Jun 2020)
III. DISCUSSIONa. Is the government likely to succeed on the merits?
Yes. Bolton disputes that his book contains any such classified information and emphasizes his months-long compliance with the prepublication review process. He bristles at the mixed messages sent by prepublication review personnel and questions the motives of intelligence officers. Bolton could have sued the government and sought relief in court. Instead, he opted out of the review process before its conclusion. Unilateral fast-tracking carried the benefit of publicity and sales, and the cost of substantial risk exposure. This was Bolton's bet: If he is right and the book does not contain classified information, he keeps the upside mentioned above; but if he is wrong, he stands to lose his profits from the book deal, exposes himself to criminal liability, and imperils national security. Bolton was wrong.
The government submitted classified declarations for the Court's ex parte review in camera. ECF No. 4. On June 19, 2020, the Court held a sealed ex parte hearing for further in camera review with the government. ECF 6/19/20. Upon reviewing the classified materials, as well as the declarations filed on the public docket, ECF No. 3-1-5, the Court is persuaded that Defendant Bolton likely jeopardized national security by disclosing classified information in violation of his nondisclosure agreement obligations.
Bolton was the National Security Advisor to the President. He was entrusted with countless national secrets and privy to countless sensitive dealings. To Bolton, this is a selling point: His book is entitled The Room Where It Happened. He rushed to write an account of his behind-closed-doors experiences and produced over 500 pages of manuscript for review. Not four months later, Bolton pulled the plug on the process and sent the still-under-review manuscript to the publisher for printing. Many Americans are unable to renew their passports within four months, but Bolton complains that reviewing hundreds of pages of a National Security Advisor's tell-all deserves a swifter timetable. Access to sensitive intelligence is rarely consolidated in individuals, and it comes as no surprise to the Court that the government requested several iterations of review headed by multiple officers. But what is reasonable to the Court was intolerable to Bolton, and he proceeded to publication without so much as an email notifying the government.
It is well-settled that a mandated prepublication review process is not an unconstitutional prior restraint. This Circuit upheld the Central Intelligence Agency's prepublication review scheme in McGehee v. Casey, 718 F.2d 1137 (D.C. Cir. 1983). There, the Circuit held that the government has a substantial interest in assuring secrecy in the conduct of foreign intelligence operations. McGehee, 718 F.2d at 1140. First Amendment rights are preserved so long as restrictions protect a substantial government interest unrelated to the suppression of free speech, and the restriction [is] narrowly drawn to restrict speech no more than is necessary to protect the substantial government interest. Id. at 1142-43 (quoting Brown v. Glines, 444 U.S.348, 354-55 (1980)). The Supreme Court agrees: [T]his Court's cases make clear thateven in the absence of an express agreementthe CIA [can] act[] to protect substantial government interests by imposing reasonable restrictions on employee activities that in other contexts might be protected by the First Amendment. Snepp v. United States, 444 U.S. 507, 510 n.3 (1980). For the purposes of resolving this motion, the Court is satisfied that the government's prepublication review of Bolton's book fell within these bounds.
The NDAs barred publication of classified materials. Bolton likely published classified materials. The government is likely to succeed on the merits. But a single factor is not sufficient for an injunction to issuethe Court now proceeds to the second.
Of course he does....just look at that "stash".
I don’t see a problem, Criminally Charge the Judge for Conspiring to violate the Espionage Act, and don’t forget the war monger Bolton.
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