Mark S. Zaid Profile picture
Sep 23, 2020 22 tweets 10 min read Read on X
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.
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.

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More from @MarkSZaidEsq

Nov 16, 2023
1/THREAD - Defend Democracy Against MAGA Lawsuits

We (@JohnPhillips/@BradMossEsq) are now rep'ing Fred Wellman (@FPWellman) who has been sued for defamation by President Trump's 1st National Security Advisor #MichaelFlynn.

Please rt this widely to help.

gofundme.com/f/defend-democ…
2/Enforcement of the rule of law is an important and valuable principle in our Democracy. Unfortunately, the law can be abused as a weapon to try and intimidate those who stand up against government corruption and misconduct.
3/As part of MAGA’s efforts to silence those who challenge their actions to undermine Democracy, President Trump’s former National Security Advisor Michael Flynn, who in 2017 pled guilty to a felony count of “willfully and knowingly” making false statements to the FBI ...
Read 17 tweets
Jun 20, 2023
1/Thread abt #Grenell lawsuit against @OliviaTroye.

Today we (#TomCraig, @TMCv63, @fhhfirm) were scheduled to depose fmr Acting @ODNIgov & US Amb to Germany #RickGrenell as part of his defamation lawsuit against our GOP client #Troye.

We were there. He did not show.
2/Background info abt #Grenell’s litigation, which was filed almost year ago, can be found in this previous thread:

3/After weeks of failed attempts to negotiate mutual date, which is what professionals do, we properly issued Notice of Deposition on May 30 for today. Even though #Grenell is Plaintiff & chose VA as his venue, he does not wish to travel from CA for his deposition.
Read 16 tweets
May 18, 2023
1/THREAD ON CONGRESSIONAL INVESTIGATION INTO FBI WHISTLEBLOWER ALLEGATIONS

Both DEMS & media need to stop describing individuals as "alleged", "self-styled" or other challenging term re: #whistleblower status.

They meet definition of being #WBer.

cnn.com/2023/05/18/pol…
2/If individuals made protected disclosure to supervisor in employee’s direct chain of command, an OIG or appropriate congressional committee or its members, they are protected #whistleblowers.

Doesn't mean they are credible or accurate, but attacking status undermines system.
3/I served as co-counsel to IC #whistleblowers whose complaint led to Trump's 1st impeachment (not our objective). Cong. Jordan was hypocritically a key attacker of WBer's lawful & legitimate status. It was wrong then, it is wrong now.

rollcall.com/2019/11/19/rep…
Read 18 tweets
Mar 10, 2023
1/TICKET FOR FLASHING HEADLIGHTS, SERIOUSLY?

I will be appearing in Montgomery County Maryland District Court Monday afternoon to represent driver ticketed by @MDSP for flashing headlights at car that dangerously cut them off.

Interesting news story! @wamu885 @WTOP @semelm
2/I've been down this route before. In 2009, I was ticketed for flashing my headlights at Montgomery County speed trap. I challenged ticket as being unconstitutional & lawful.

washingtonpost.com/wp-dyn/content…
3/Ticket was dismissed. @mcpnews admitted my actions were lawful. Then Police Chief #TomManger (now @CapitolPolice Chief) personally apologized to me, which I accepted as sincere, & I dropped my plan to file lawsuit.

washingtonpost.com/wp-dyn/content…
Read 6 tweets
Mar 1, 2023
NEWS ALERT: @MarkSZaidPC reps more than 2 doz federal #AHI victims & family members. Below is our statement in response to IC Assessment findings issued today.

We already have #FOIA litigation to compel release of report & @ODNIgov must update Court by March 20th.
2/Full statement reads:

"My firm represents more than two dozen federal AHI victims from within the Intelligence, Military, Law Enforcement and Diplomatic communities who experienced incidents domestically and overseas....
3/This also includes minor children of our dedicated workforce who are also victims of these AHIs. Our representation started a decade ago.

The latest U.S. intelligence assessment lacks transparency and we continue to question the accuracy of the alleged findings....
Read 18 tweets
Jan 5, 2023
NEWS ALERT:

We just filed new fed lawsuit against #Trump & two criminal defs for wrongful death of @CapitolPolice Ofc #BrianSicknick arising from #January6th insurrection/coup attempt. #Accountability

Our legal team is: @PhilAndonianEsq @mattkaiser @noahbrozinsky @BradMossEsq
Official media release:
Any recovery from this lawsuit by Officer #BrianSicknick's estate, represented by longtime partner #SandraGarza, for his wrongful death due to #January6th is planned to be donated to charity.
Read 14 tweets

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