Marin Independent Journal

Judge: GOP suit over Bolton book can move forward

- By EricTucker

WASHINGTON » The Trump administra­tion can move forward with its lawsuit against former national security adviser John Bolton over his tell- all book, a judge ruled Thursday in denying a request to dismiss the complaint.

The Justice Department alleges that Bolton’s book, “The RoomWhere It Happened,” contains classified informatio­n, and the government sued in June to try to prevent the release. Though the book was published, a suit accusing Bolton of breaking agreements with the government by disclosing classified informatio­n and by failing to complete a required pre-publicatio­n review can proceed, U.S District Judge Royce Lamberth said in a 27-page opinion.

The JusticeDep­artment, the judge wrote, “plausibly pleads that Bolton breached those obligation­s.”

Charles Cooper, Bolton’s lawyer, said in an email that the ruling, “which we are still studying, means that the case will now move forward to the phase in which the parties will develop and present their evidence.”

The book, which details Bolton’s 17 months as Trump’s national security adviser, contains descriptio­ns of Trump’s conversati­ons with foreign leaders that could be seen as politicall­y damaging to the president. Those include accounts that Trump tied providing military aid to Ukraine to that country’s willingnes­s to conduct investigat­ions into Democratic rival Joe Biden and

Biden’s son Hunter, and that Trump asked China’s President Xi Jinping to help his reelection prospects.

Lamberth in June denied the government’s request for an injunction to block the book from being published, given that thousands of copies had already beendistri­buted. But in the same order, he also scolded Bolton for moving ahead with the book’s publicatio­n without waiting for formal, written authorizat­ion that the book had been cleared.

His decision Thursday clears the way for the Justice Department’s suit to move forward, including the government’s efforts to seize proceeds from the book. The judge said the government had reasonably shown that Bolton disclosed classified informatio­n without first confirming that itwasuncla­ssified.

“Even if Bolton operated out of an abundance of caution in submitting his manuscript for review, the very existence of his caution leads to a fair inference that Bolton was less than certain as to the status of the manuscript,” Lamberth wrote.

A Justice Department spokeswoma­n said the department was pleased with the ruling.

Bolton’s lawyers have maintained that heworked for months with a White House career official, Ellen Knight, to ensure that the manuscript was carefully screened for classified informatio­n, and that Knight concluded that review in April by determinin­g that the book was free of such material. ButWhite House officials later conducted a second review that they said identified classified informatio­n still in the book.

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