Mark S. Zaid Profile picture
Attorney handling cases involving national security, security clearances, govt investigations, media, Freedom of Information Act, & whistleblowing. Non-partisan
Ella Sanders Profile picture Tweeter Rabbit Profile picture Diana Roby Profile picture dr roth ⓀⒸ Profile picture Tim Kennedy Profile picture 10 added to My Authors
23 Sep
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…
Read 22 tweets
21 Sep
Charles Guiteau (a DC lawyer) was legally responsible for President Garfield's death but the medical treatment of the day (1881) finished him off. Today, the result would have been different.
Cabinet photo by C.M. Bell of Charles Guiteau, the assassin of President Garfield. The photograph was taken of Guiteau while he was in the D.C. jail on February 6, 1882. He was later executed for the crime. Image
An 1870 letter written by attorney Charles Guiteau who 11 years later would assassinate President James Garfield in Washington, D.C. Also here is a pass to his criminal trial and a CDV of Guiteau that would have been hawked around the City. Image
Read 4 tweets
19 Sep
UPDATE on @DHSgov #whistleblower #BrianMurphy

1/Today, we have again requested that #DHS permit our client to review relevant classified info that pertains to and/or supports his protected #WBer complaint. We have asked that his review be authorized for Monday, Sept 21st.
2/We hoped that #BrianMurphy would appear before #HPSCI on 9/21/20 for classified deposition but @DHSgov has not granted legal team's access to classified info. Our access cannot be processed until DHS allows Murphy access to classified docs.

@RepAdamSchiff @DevinNunes
3/We have been fully cooperative & will continue to be so, while simultaneously protecting interests of our #whistleblower client. It remains his desire & intent to provide further protected, lawful whistleblower disclosures to Congress & Offices of Inspectors General.
Read 4 tweets
18 Sep
Updated story to include my response to inaccurate @DHSgov press statement, which presumably was not aware of state of affairs between my law firm & DHS Office of Security.

politico.com/news/2020/09/1…
@DHSgov Spokesperson Nate Madden:

"DHS has agreed to process Mr. Murphy’s attorneys for access to classified information, but is still waiting for them to provide the necessary background information to complete that process."
"We responded immediately back to DHS Security last night with information and requests for clarification, but have not yet received any response," he said. "For example, Mr. Murphy requires access to relevant classified information, to include secure computers, to facilitate ...
Read 4 tweets
10 Sep
1/STATEMENT REGARDING DHS WHISTLEBLOWER

Attached is a statement pertaining to whistleblower #BrianMurphy regarding his recent complaint to DHS Office of Inspector General.

The text is also reproduced below.
2/Earlier this week, our client Brian Murphy, a member of the Senior Executive Service at the Department of Homeland Security (“DHS”), filed a whistleblower complaint dated September 8, 2020, with the Department’s Office of Inspector General.
3/The complaint alleges multiple protected disclosures of alleged wrongdoing by various DHS officials at the senior levels. A copy of the complaint was also transmitted to the relevant Congressional oversight authorities.
Read 12 tweets
4 Sep
I wrote Attorney General Barr requesting @TheJusticeDept to own criminal inquiry into #KhalifahHaftar's war criminal activities in #Libya. #Haftar is USCIT & jurisdiction exists under War Crimes Act of 1996 (which I testified before Congress on nearly 25 years ago). ImageImage
In trying to persuade Congress that USGOVT should prosecute #warcriminals, I testified:

"the cries of 'Never forget' that arose out of the ashes of the 6 million murdered in the Holocaust are still sadly being drowned out by the millions that are being murdered today....
....In ensuring that we never forget those who are victimized by such atrocities, we must strive to “always prosecute” those that cause such unjustified and inexcusable suffering."
Read 7 tweets
1 Sep
You have access to classified information, Sir. You sign non-disclosure agreements. But you do not undergo backgrounds investigations or are adjudicated for classified information. It comes with the position. Agencies cannot revoke your access.
Just like Article III Federal Judges or VP or President.
“by tradition and practice, United States officials who hold positions prescribed by the Constitution of the
United States are deemed to meet the standards of trustworthiness for eligibility for access to
classified information.”

TRANSLATION: No clearance
fas.org/sgp/crs/secrec…
Read 4 tweets
23 Aug
1/I rep many of those @StateDept diplomats suffering adverse effects from #HavanaSyndrome. I candidly don't know what caused it but claiming "mass delusion" explains everything is insulting, to say the least.

I've heard this before:

nationalreview.com/2020/08/book-r…
2/When I rep'd #GulfWarSyndrome (GWS) victims, ppl claimed "mass delusion". We proved it wasn't.

healthaffairs.org/do/10.1377/hbl…
3/When I rep'd those forced by @DeptofDefense to take #AnthraxVaccine & suffered adverse health effects, ppl claimed "mass delusion". We proved it wasn't.

Even persuaded Fed Judge to impose permanent injunction on grounds of unlawful experimentation.

nbcnews.com/id/6348898/ns/…
Read 12 tweets
19 Jul
My client #MortenStorm, who was double agent against #AlQaeda, won major court victory in Denmark. I hope to use case in effort to persuade USGOVT, particularly #CIA, that he is entitled to reward for rising his life against #terrorists.

tekdeeps.com/exagent-wins-o…
Hopefully, he will also be able to come and speak in person at the @IntlSpyMuseum, where there is already an exhibit about him.
His story is already a book by @CruickshankPaul & @TimListerCNN.

Agent Storm: My Life Inside al Qaeda and the CIA amazon.com/dp/B01L9EMTAE/…
Read 4 tweets
15 Jul
Yea, let's all believe an advisor on international trade over an expert medical official on how to deal with COVID-19.

Great example of what is wrong with Trump supporters.
Read 4 tweets
29 Jun
State law does not prohibit open carrying of firearms, but does prohibit exhibiting “any weapon readily capable of lethal use” in angry or threatening manner in presence of one or more persons. Mo. Rev. Stat. § 571.030.1(4).

Their actions should have consequences.
Read 4 tweets
18 Jun
(1) THREAD: As I review the Govt's TRO/PI Motion against #Bolton in its civil lawsuit, I will share my thoughts. I have represented countless govt officials in prepub review matters & litigated more cases than anyone. I was also recognized by a Federal Judge as an expert.
(2) Quick analysis: this is unprecedented, meaningless Govt end-run attempt of SCOTUS Pentagon Papers decision to block publication of a book that has countless copies already in public domain. No way media outlets will be blocked from publishing further excerpts.
3) I can think of only one prior successful injunction. In 1979, in US v. Progressive, govt initially blocked art detailing how to build hydrogen bomb. In granting injunction, Judge basically said 1st Amendment of no use if everyone dead.

Turned out, info was already available.
Read 26 tweets
16 Jun
Lest it be forgotten but @MarthaRaddatz already taped interview w/#Bolton for airing on @ABC Sunday night. Lawsuit won't stop that interview even if classified info discussed.

Wonder if Martha has a review copy of the book? Wouldn't surprise me. Pretty standard protocol.
Read 4 tweets
11 Jun
It wldn't surprise me if WH is playing games w/#Bolton. Wldn't surprise me if WH overclassified info. But this op-ed by Bolton's lawyer doesn't show regard for national security. It shows disregard for the law.

His remedy is litigation, not publication.

wsj.com/articles/the-w…
And he admits to handling classified info w/o authorization. There is no exception for legal counsel. I wish! Alas, I lost creating that precedent almost 20 years ago.

Stillman v. C.I.A, 319 F.3d 546 (D.C. Cir. 2003), casetext.com/case/stillman-…
Read 5 tweets
11 Jun
"scrupulously complied with national security requirements"?

Did #Bolton's attny access manuscript? Reports are he did. Then he did not "scrupulously" comply w/US law. I am repeatedly told I cannot access "classified" manuscripts unless authorized. And I hold #securityclearance.
That's not even mentioning literary agent who had access. Editors who had access. And whoever can see printed book awaiting distribution.

All contractual violations of #Bolton's non-disclosure agreement & possibly criminal if classified info is still in his book.
Now this often happens, especially when author doesn't have experienced legal counsel in prepub matters. Govt usually doesn't do anything so long as book is actually not published.

Uh oh. I sense a brewing storm here.
Read 5 tweets
2 Jun
No tear gas? Guess my eyes were captured by ANTIFA technology or I was suffering from LSD hallucinations given I watched it happen live on television.

Where's the Twitter fact check indeed @IngrahamAngle.
Read 4 tweets
1 Jun
I'm watching what's happening live in DC outside WH as military & law enforcement presence ramps up significantly in front of protesters as 7 pm city curfew approaches, and I'm thinking I really, sadly, doubt this is going to end well. Sigh.
Very strange to see #AGBarr standing behind military/law enforcement personnel as if looking over his troops as an actual "General".
Tear gas just fired at what was a peaceful protest all day. Sigh.
Read 6 tweets
26 May
I would like a list of the names of individuals who sought unmasking during this Administration. To make sure of it, we plan to sue USGOVT for them.
Today we learned @StateDept denied our clients' @JMadisonProject & @joshgerstein expedited processing. The ten day period elapses on Friday, June 5th. Congratulations @SecPompeo, you just earned yourself yet another #FOIA lawsuit!
Read 4 tweets
17 May
1/One day perhaps - and it can't come soon enough - people will understand what nonpartisan & independent actually means. Those on right are "surprised" I defended @CBS (former @FoxNews) reporter @CBS_Herridge when she was maliciously & unfairly attacked

pjmedia.com/columns/stacey…
2/by senior @JoeBiden campaign staffer (who deleted his tweet). I'm sure if I looked around some on left are upset with me for doing so and "surprised" as well.

Good. I don't advocate an ideological bent. I couldn't care less about whether someone is a Democrat or Republican.
3/Let's be clear, I am strongly against Trump. But that's bc he's horrible human being & authoritarian selfish leader who's destroying #RuleOfLaw & American democracy. That, however, has nothing to do w/he being @GOP or conservative, neither of which I truly believe he is anyway.
Read 5 tweets
29 Apr
1/ 75 years ago today, US forces liberated #Dachau concentration camp. My maternal grandfather #DavidMaxEichhorn, a Jewish Chaplain, was there. I will spend next week documenting from contemporaneous reports what he saw & did.

#NeverForget #NeverAgain

history.com/this-day-in-hi…
2/Time Magazine reporter Sidney Olsen (1908-1995) was with US troops at liberation. Olson’s account of the horrific conditions at #Dachau was part of the most graphic coverage of the war to date. His family hopes to turn his writings into a book.

time.com/5812523/libera…
3/Some info on my grandfather. Born in 1906 in Columbia, PA. His parents were both emigrees from Germany who came to US in 1890s. Ordained as Rabbi from Hebrew Union College (@HUCJIR) in 1931. Went to MA & then AR.

His maternal uncle was killed by Nazis in #Dachau.
Read 164 tweets
8 Apr
You can easily substitute name "Trump" for "Nixon", except I don't yet know whether conclusion on dictatorship would be same.

This letter was written in 1995 by Archibald Cox, former Watergate Special Prosecutor. I wonder what his views would be of today's situation.
"You ask whether Richard Nixon could have become a dictator. My answer would be strongly negative. In the fall of 1973, there were a number of rumors that he might use the military to move strongly in that direction."
"I never put much stock in them chiefly because I felt clearly that the military would not go along even in the highly unlikely event that his mind should run in that direction."
Read 5 tweets