NEW: John BOLTON moves to dismiss the Justice Department suit against him for "failure to state a claim." 
In an accompanying filing, BOLTON says effort to stop him from publishing is a "regrettable pretext designed to cover up what is in fact a determined political effort to suppress Ambassador Bolton’s speech."
And it's too late.
And it's too late.
Bolton attests that 200,000 copies of his book are already bound and distributed to booksellers.
"The Government cannot plausibly argue that Ambassador Bolton has power to stop the Amazon delivery trucks in America, unshelve the copies in Europe, commandeer the copies in Canada, and repossess the copies sent to reviewers or in the possession of major newspapers."
BOLTON says he scheduled his book for a June 23 release back in April, when he got an assurance from the NSC reviewer Ellen Knight that it no longer contained classified info.
He believed the "pro forma" certification was comign shortly. Then Trump's aides intervened.
He believed the "pro forma" certification was comign shortly. Then Trump's aides intervened.
Simon & Schuster says it shipped copies of Bolton's book to "virtually every major media organization in the United States" beginning on June 5.
BOLTON filing includes 17 pages of notes reflecting edits requested by the career NSC reviewer to remove classified info. He says he incorporated most and offered alternatives for others.
Bolton's full filing and exhibits: politico.com/f/?id=00000172…
NOTABLE: Bolton attests in affidavit accompanying his motion to dismiss that he wasn't he source of the leak of his book details to the NYT during impeachment and doesn't know who is.
NEW: Bolton's legal defense against the Trump admin suit to block his book is simple:
It's politically motivated — and it's too late to matter. 200,000 copies of the book are already distributed. w/ @joshgerstein
politico.com/news/2020/06/1…
It's politically motivated — and it's too late to matter. 200,000 copies of the book are already distributed. w/ @joshgerstein
politico.com/news/2020/06/1…
@joshgerstein JUST IN: In new filing this AM, DOJ reveals ELLIS wasn't trained in classification process while he was reading Bolton's book.
Got his training *the day after he finished* "and concluded that the information he received in the training did not alter his decisions."
Got his training *the day after he finished* "and concluded that the information he received in the training did not alter his decisions."
@joshgerstein It was Ellis who was tasked by the National Security Adviser O'Brien with rereading Bolton's book for classified info.
Training is meant to ensure proper handling classified info and prevent overclassification, per executive order.
archives.gov/isoo/policy-do…
Training is meant to ensure proper handling classified info and prevent overclassification, per executive order.
archives.gov/isoo/policy-do…
@joshgerstein Judge Lamberth says he'll pull the plug on public listen-in line if anything classified is said in the virtual Bolton hearing.
@joshgerstein DOJ argues that an injuntion against the book — even though it's already widely distributed — would help "focus the mind" and get Bolton to act creatively to try to stop it.
! DOJ acknowledges that some of the material it says is classified in Bolton's book was classified AFTER the first reviewer completed her review on April 27.
DOJ says it's not aware of any example of senior NSC officials getting involved in a pre-publication review. But they say this case is extraordinary because of Bolton's access and timing.
BOLTON's lawyer: "The idea that the horse is out of the barn is an understatement.
"The speech has been spoken. It cna’t now be unspoke."
The government's case, he said is "theater." "It’s to use your courtroom as a stage and to enlist you as a player."
"The speech has been spoken. It cna’t now be unspoke."
The government's case, he said is "theater." "It’s to use your courtroom as a stage and to enlist you as a player."
Judge not exactly sold on Bolton's case either.
COOPER: “Ambassador Bolton fulfilled his contractual obligation, not just in spirit but to the letter.”
LAMBERTH: "No he didn't." Says he didn't get written authorization for compartmented intel.
COOPER: “Ambassador Bolton fulfilled his contractual obligation, not just in spirit but to the letter.”
LAMBERTH: "No he didn't." Says he didn't get written authorization for compartmented intel.
NEW: Judge in Bolton case seems unlikely to try to force Bolton to claw back his book, which is already started making the rounds.
But he raised sharp questions about Bolton's decision to publish before getting sign-off from the WH. w/ @joshgerstein
politico.com/news/2020/06/1…
But he raised sharp questions about Bolton's decision to publish before getting sign-off from the WH. w/ @joshgerstein
politico.com/news/2020/06/1…
OF NOTE: Judge Lamberth wants to hold a secret hearing with Ellis and Evanina, who he knows to have a good reputation, to discuss claims of classified info in Bolton book. politico.com/news/2020/06/1…
And Judge Lamberth has now held the secret hearing with government lawyers to review claims of classified info in Bolton book.
BOLTON won his restraining order fight, but looks like he's going to lose the battle over whether he disclosed classified information. The judge says after reviewing the material in closed session, Bolton appears to have jeopardized national security.
Hell of a Saturday.
