Thread by @MarkSZaidEsq

PREPUBLICATION REVIEW THREAD:

1/Extraordinary letter re: insight into NSC prepub process re: #Bolton's book. Ms. Knight (& her experienced counsel) are to be applauded for taking action. Displays professionalism.

What ramifications does it have? Let's explore some key points.

https://twitter.com/charlie_savage/status/1308748866393714692

2/#Bolton is being sued civilly by USGOVT for failing to comply w/contractual obligation that he abide by prepub review & receive final approval. USGOVT has pursued this path fewer than 10x in history.

cnn.com/2020/06/16/pol…

3/Court did not agree w/USGOVT that book could be blocked but said “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."

Not good.

politico.com/news/2020/06/1…

4/#Bolton is reportedly under criminal investigation by grand jury for releasing classified information through publication of his book.

washingtonpost.com/local/legal-is…

5/#Knight's absence, even though she was senior official handling review, in civil case was quite notable. Now she addresses apparent politicization of NSC's review process of Bolton's book. But this does not relieve Bolton of liability or responsibility.

6/#Bolton & his attny has continually stressed his long experience & knowledge abt classified matters & how he knew how to draft an unclassified work.

I see this all the time w/clients. They always think they know better. They don't.

7/#Knight makes it clear that #Bolton's initial submission
"contained voluminous amounts of classified information and that it would take a significant effort to put it into publishable shape."

This is significant to legal issues faced by #JohnBolton.

8/She notes that despite #Bolton's attny's "assurance in his submittal letter ... it quickly became apparent that the manuscript was replete with concerning information."

That Bolton's attny had manuscript violated prepub obligations. He saw the classified info.

9/Now, I believe an attny should play a key role in prepub cases. I have done so dozens of times. But attny needs to be properly cleared through system to play this kind of role. I participated in classified review just recently in fact.

Congress should refine process.

10/#Knight details how involved she was talking w/Bolton & his attny. Total applause for her efforts. I wish this was routine. It is not. Bolton received preferential procedural treatment given his former govt status, which is not unusual. I just wish this was norm across board.

11/So what effect does #Knight's attny's letter have on the civil or criminal processes underway against or involving #Bolton?

Obviously, it will have an impact no doubt, especially raising many questions for Govt to answer & courts to consider.

But ......

12/#Knight states "Once authors start perceiving that manuscripts are being reviewed for political considerations, they will lose confidence in the integrity of the process and find ways to publish or release their works without submitting them for review."

Serious legit concern

13/We do not want ppl deciding not to submit works for prepub review, or abandoning system during process & unilaterally deciding to publish. Significant harm can occur as result. That's why there is a process. No more Snowdens.

14/But #Bolton's remedy was not to abandon process, it was to challenge process. He needed to file lawsuit. #Knight's views & politicization details wld have come out during THAT lawsuit. As affirmative weapon by Bolton, rather than defensive shield against USGOT lawsuit.

15/Govt contends legally irrelevant whether WH had good or bad faith. No exploration of issue in discovery in civil lawsuit.

I agree, based on current legal posture. Q is did Bolton abide by contractual obligation to finish process? He didn't.

Had he filed lawsuit, diff result

16/But I do view new facts as relevant to any judgment determination against #Bolton regarding damages in civil lawsuit. Basically doctrine of "unclean hands". Govt should not benefit from misconduct. But Bolton should not benefit from his misconduct either.

17/One more point on politicization & individual judgment.

#Bolton might have been right abt NSC appointees but
"his attorney made a number of public statements suggesting that Ms. Knight’s team and their review were subject to political influence."

Can't have both ways.

18/#Knight also denied telling #Bolton's attny prepub process was over. Always said “the process was ongoing”. I believe her. Consistent with trained professionals.

Bolton needed to sue. Legally, he is in the wrong.

19/On criminal side, #EspionageAct prosecutions make it very difficult to challenge classification determinations. It should be permitted, but it rarely is. Govt politicization might need to be part of sentencing than defense itself.

If it even goes that far.

END/Finally, also worthwhile to point out that, according to #Knight, #Bolton kept notes that were "classified Presidential records".

There are no white knights in this story, other than perhaps #Knight herself.

POSTSCRIPT/ Notice how all these cases alleging misconduct - such as my IC whistleblower and #Vindman clients - all involve #Eisenberg & #Ellis.

Just saying.

detroitnews.com/story/news/pol…