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Federal judge declines to order delay of John Bolton's tell-all book about Trump administration
NBC News ^ | June 20, 2020 | Pete Williams and Josh Lederman

Posted on 06/20/2020 10:21:10 AM PDT by Coronal

A federal judge declined the Justice Department's request for an order delaying publication of former national security adviser John Bolton's tell-all book about his 17 months in President Donald Trump's administration.

In a 10-page order, U.S. District Court Judge Royce Lamberth sharply criticizes Bolton and while he suggests that the national security concerns may indeed be valid, he rejects the government’s argument that an injunction would be effective at this point given its already-wide circulation and discussion in the media.

(Excerpt) Read more at nbcnews.com ...


TOPICS: News/Current Events; Politics/Elections
KEYWORDS: judiciary; roycelamberth
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To: Signalman

Books are simply opinions and fabrications of one party to an event, often biased to appeal to a certain audience. I am skeptical of many of these “tell all” books, especially since lucrative book deals with no correlation to sales have become a way to pay off someone. Instead of reading innuendos I look to the job performance. In my opinion Trump has outperformed all of the political hacks since Reagan despite having just about everyone in government and media opposing him.


21 posted on 06/20/2020 10:47:37 AM PDT by Boomer One ( ToUsesn)
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To: rktman

Yes its for show. Sound and fury signifying nothing.


22 posted on 06/20/2020 10:48:58 AM PDT by Starboard
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To: Coronal

This is ultimate irony because the media and the left have vehemently despised Bolton for years. Now, when they believe can help them by “taking down Trump, every word he speaks and writes is to be believed. They did the same with McCain.


23 posted on 06/20/2020 10:50:30 AM PDT by JWNM
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To: Starboard
So the judge is saying if classified info is released in advance of review/approval by the government its OK

Hardly. He's saying Bolton was wrong and could well face civil and criminal charges.

He's just acknowledging that it's too late to keep the book from circulating given that they've shipped hundreds of thousands of copies around the world.

24 posted on 06/20/2020 10:50:57 AM PDT by semimojo
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To: semimojo

Hardly. He’s saying Bolton was wrong and could well face civil and criminal charges.

***********

He’s just dropping a few obligatory and insincere words to lend an appearance of concern over blatant violations of national security. Bolton will never face charges. We all know that.


25 posted on 06/20/2020 10:55:27 AM PDT by Starboard
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To: Starboard
Bolton will never face charges. We all know that.

I doubt he'll get criminal charges but we'll see.

They've already filed suit to impound all the profits from the book and it sounds like they have a good chance of prevailing.

26 posted on 06/20/2020 11:00:17 AM PDT by semimojo
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To: Coronal

If the government was really worried about protecting national secrets, Bolton would be in jail.

They’ve had to have known this is coming yet they waited until the last minute before pushing back. Evidently they feel this will be a wash or even a positive for the President when the dust settles.

We’ll see.


27 posted on 06/20/2020 11:02:11 AM PDT by Bratch (If liberty means anything at all, it means the right to tell people what they do not want to hear.)
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To: Coronal

I don’t see the problem, have the jack booted thugs at Langley kick in his lawyers door in the middle of the night and confiscate all his legal work and then spend two or three years harassing and threatening everyone he knows. That should be enough to start with. Give him the full treatment they gave Trump


28 posted on 06/20/2020 11:03:39 AM PDT by cdpap
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To: cdpap

That won’t stop the book from getting out. It’s a done deal at this point.


29 posted on 06/20/2020 11:09:55 AM PDT by Coronal
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To: Coronal

Nothing more than one more pebble in the pond..

Virtual Assassination .. How clever.

Bolton should be so proud of his ‘effort’ and his cohorts.


30 posted on 06/20/2020 11:43:07 AM PDT by NormsRevenge (Semper Fi - Monthly Donors Rock!!!)
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To: Coronal

Nothing more than one more pebble in the pond..

Virtual Assassination .. How clever.

Bolton should be so proud of his ‘effort’ and his cohorts.


31 posted on 06/20/2020 11:43:07 AM PDT by NormsRevenge (Semper Fi - Monthly Donors Rock!!!)
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To: Coronal
This should add to the long list of crimes the AG Barr and the DOJ should prosecute, but never do. The list of crimes for partisan reasons against the Trump administration grows, but never gets prosecuted.
32 posted on 06/20/2020 11:45:25 AM PDT by Moorings
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To: Signalman
"This book will have the same result. Nothing."

People have seen four+ years of attacks on Donald Trump and his Presidency. They've tried everything to get rid of him. They are delusional if they think that another "tell-all" book will get the job done. they are grasping at plastic straws. With each new attack on President Trump, it just shores up his base even tighter, and more than likely, brings more people into that fold because they're finally realizing what a-holes the Democrats and media are.

33 posted on 06/20/2020 11:52:26 AM PDT by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne)
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To: odawg

It’s Okay. Bejing and the DNC gave permission for the ruling. /s

Paging Julian Assange.


34 posted on 06/20/2020 11:55:41 AM PDT by chickenlips
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To: Coronal

Yawn.

The corrupt press has put out all the parts they felt would damage Trump already. What’s left?

Who cares?


35 posted on 06/20/2020 12:00:41 PM PDT by GOPJ (Black citizens EARNED the reputation for being violent and thin-skinned. That wasn't our fault...)
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To: rigelkentaurus; Coronal
Sharply criticized!!!! Wow, that will teach him to not leak national secrets!!!

No, the the below portion of court’s order will get Bolton’s attention. It states that Bolton likely published classified materials and that the government is likely to succeed on the merits. It states that Bolton has gambled with the national security of the United States and he has exposed his country to harm and himself to civil (and potentially criminal) liability. The government is likely to win a civil and criminal case.

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. DISCUSSION

a. 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 that—even in the absence of an express agreement—the 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 issue—the Court now proceeds to the second.


36 posted on 06/20/2020 12:35:38 PM PDT by woodpusher
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To: Coronal

Yet there is a gag order on general Flynn.


37 posted on 06/20/2020 12:45:48 PM PDT by Newbomb Turk
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To: Coronal

Nobody cares about John Bolton except John Bolton.

Boo-hoo, crybaby.


38 posted on 06/20/2020 3:36:13 PM PDT by sergeantdave (Teach a man to fish and he'll steal your gear and sell it)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...

39 posted on 06/20/2020 10:48:05 PM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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