Bolton has bet that Barr will not come after him. He was wrong.


(Photo by Alex Wong / Getty Images)

Yesterday at Simon & Schuster, Bolton Bolton publishers received a special delivery from Bill Barry և it was not a card wishing them Happy Rosh Hashanah.

What a wonderful way to screw people over Reports: that the Department of Justice has launched a criminal investigation into whether the former National Security Adviser declassified the classified information best seller (link) About his time at the White HouseSo now S & S և Javelin Բ Bolton’s literary agents are standing by the jury with large written applications for all connections with him.

If Bolton bet that Bill Barr would fall when it turned out that the DOJ was using him to punish the president’s enemies … (And for the last two years he has not paid attention).

The New York Times, which: reports At the same time, the story goes that some Justice officials “expressed reservations about initiating a criminal case, in part because Mr. Trump’s public statements seemed to be a blatant political act.”

Do you think?

To the delight of the DOJ, U.S. District Judge Royce Lambert has already concluded that Bolton’s book does contain classified information that threatens national security.

“Bolton played with the national security of the United States. “He has harmed his country and he has been held criminally (և possibly criminally) liable,” Judge Lambert wrote:, refusing to publish the order but declaring that the government had successfully persuaded the court that its classification decision was not merely punitive.

So now Bolton is facing the prospect of losing the proceeds of his book, “perhaps even going to jail.”

And none of this should have happened. If Bolton Bolton had anything to lose, which is the most important thing in a public post, he could have told Congress. But Congress does not buy books. So instead of testifying at Trump’s impeachment hearing, the former National Security Adviser decided to wrap up his memories of Trump’s “drug deal” to extort the Ukrainian president into dirty Biden. $ 19.42 hardcover. KA-CHING!

Only Donald Trump had it other ideasThus, after a career clean-up officer signed Bolton’s handwriting on April 27, the White House launched its own additional review, which found that Bolton’s book was full of top secret information. Surprise

Or maybe not. Bolton claims that this late revelation of classified information was a thin veil of effort to keep his book bottled until after the election, abusing the classification system. And he’s probably right“But if he wanted to protect himself from prosecution, the way was to file a lawsuit, not just to falsify or publish anyway.

As a national security law expert, Brad Moss wrote: At Lawfare two years ago, when the first wave of Trump White House books began to spin.

Snap [v. U.S., 444 U.S. 507 (1980)] և its descendants, however, demand that the individual be compelled first pass an administrative preliminary review and later file a civil lawsuit. ստանալ Finally get a favorable court decision before publication of any part of the manuscript that was originally considered classified by the government. If the individual does not follow through on this process, the courts have repeatedly made it clear that they will stand by the government if it finally takes legal action, whether civil or criminal, against the individual, no matter how thin the classification may be.

And the law can suck, but it is still the law, as Moss boss Mark Eid has repeatedly stated on Twitter.

Thus, the man with the mustache is in a pile, entirely on his own (և his current advisor)’s own preparation. And if he is not charged against the defendant, he is probably looking at a mountain of court fees.

You pay your money, you use your opportunities.

The grand jury’s rulings were sent to Agent Bol Bol Bolton’s publisher [WSJ]
The Department of Justice is launching a criminal investigation into John on Bolton’s book [NYT]
Why can’t the White House stop talking about Omarosa Manigault-Newman? [Lawfare]

Elizabeth Dye (@ 5DollarFeminist) lives in Baltimore, where she writes about law և politics.

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