Read on Twitter
Royce Lamberth starts Bolton hearing by reminding he gives govt deference on classified info, but not unquestioned. Says he'll only ask govt to prove it'll be likely to prove this is classified at this stage.
Says, govt has spoken against nationwide injunctions.
Says, govt has spoken against nationwide injunctions.
David Morell responds to Q abt horse being out of barn by not answering it, really.
"It's a problem of his own making, onus on him to figure out how to solve it. Injunction from you would spur Bolton to figure out how to bring himself into compliance."
"It's a problem of his own making, onus on him to figure out how to solve it. Injunction from you would spur Bolton to figure out how to bring himself into compliance."
Lamberth: Why weren't portions identified earlier?
Morell: 3 examples that address the sort of access to information under Ellis' decision. He had greater access to information than Ms. Knight did.
Lamberth: Are there materials classified after April 27 you're relying on now?
Morell: 3 examples that address the sort of access to information under Ellis' decision. He had greater access to information than Ms. Knight did.
Lamberth: Are there materials classified after April 27 you're relying on now?
Morell: it's partially correct [moves quickly to move beyond this]. 3 were SCI classified before, 1 classified by Ellis after review, 2 others need research to see whether they were classified after review. 3 examples classified before review.
Lamberth: POTUS made statements quoted by Bolton about this book. Did POTUS instruct intelligence officials to designate portions of the book as classified?
Morell: I'm not aware of that.
[Which is not no.]
Morell: I'm not aware of that.
[Which is not no.]
Lamberth: Since I have not seen manuscript, asked govt to produce manuscript, I have not seen what govt says is classified. What is it that I would be enjoining from disclosing? Did the govt view June 19 letter telling him what he can't disclose?
Lamberth: Assuming book is already out there, what is it that I'm enjoining?
This is true and significant.
Now can we talk about how these rules have totally broken down under Trump, and crack DNI John Ratcliffe (AKA "Ratcliff") seems totally unaware of them? https://twitter.com/NatlSecCnslrs/status/1274030328991100938
Now can we talk about how these rules have totally broken down under Trump, and crack DNI John Ratcliffe (AKA "Ratcliff") seems totally unaware of them? https://twitter.com/NatlSecCnslrs/status/1274030328991100938
Morell now says Cooper doens't have the need to know what's in the ex parte filings.
Which is sort of nifty since Cooper has seen the stuff that Bolton wrote which was supposedly classified.
Which is sort of nifty since Cooper has seen the stuff that Bolton wrote which was supposedly classified.
Lamberth: How common is it for senior people to get involved after someone like Ms. Knight finds nothing?
Morell now talking about how important it is that National Security Advisor provides details abt ongoing policy issues while Admin still in power (which shouldn't affect classification anyway).
KNOW WHAT? Trump's OTHER NSA did that with the country that just attacked us.
KNOW WHAT? Trump's OTHER NSA did that with the country that just attacked us.
Morell: There are certain passage of this book that will damage NatSec of the US.
You mean ... like the first NSA did, in response to which DOJ is trying to help him avoid all criminal cost?
You mean ... like the first NSA did, in response to which DOJ is trying to help him avoid all criminal cost?
Lamberth won't ask this, but I wonder whether any of the 3 things Morell claims were SCI at the time were because Ellis put it on the SCI server to hide it from impeachment?
Cooper notes that @PaulaReidCBS (I think it was her) asked a question at the WH holding Bolton's book.
Cooper: This is not a judicial proceeding. It does not have as its purpose convincing you to order BOlton to do something he is utterly powerless to do. There is no redressability.
Cooper: The purpose of this is not judicial, it's theater, it's to use your courtroom as a stage. As the govt uses the incendiary rhetoric they have. At the end of the day, there is nothing that Ambassador Bolton can do.
Cooper now OCA-splaining Ellis, noting that Ellis only became an OCA during this process.
Lamberth says Cooper's claims that Bolton followed the rules to the letter, bc under SCI he needed written authorization. Asks why Bolton didn't sue.
Lamberth says he needs another secret hearing to find out whether this really was SCI.
Cooper argues that Keith told him there was no classified information in the manuscript, and that's all the contract requires.
Cooper: Ellen Knight said there's no longer any classified information in that document. Nowhere was he required to receive written authorization that his manuscript no longer has classified information in it.
Cooper is trying to think on his feet and not doing very well.
Lamberth: If the book did contain classified or SCI material your client would be in violation of the law?
Cooper: The only thing the other contract address is SCI, defined in very specific way. This contract was never one that imposed obligation on Bolton until such time these motion papers and Mr. Ellis' affidavit placed before court was there a hint there might be SCI.
Wondering whether Cooper really was as much a better lawyer as he seems to have been back in the day or whether he's just poorly served by litigation in the age of Social Media...
Lamberth tries to return to the question of whether this stuff was retroactively classified, but Cooper doesn't encourage him as much as he should.
Have a hard time following Cooper right now but his repeated discussion of his motion to dismiss coming back to life seems to cede that it's currently dead.
Cooper mentions he heard AG Barr talk about inherently classified information, but that's not what Bolton bound himself by contract. He was only contracted to SCI that was already classified, or was in the process of being classified.
Lamberth notes he doesn't have an affidavit from Knight, so he doesn't know much about here.
Cooper: I'm glad you noticed that.
Cooper: I'm glad you noticed that.
Cooper claims Morell made a candid admission that it has never happened that more senior people have reviewed a manuscript. That overstates things.
Cooper: Troubling information in amended complaint is Sr Director tasked w/review, says Bolton was never advised Ellis reviewing
Cooper: Troubling information in amended complaint is Sr Director tasked w/review, says Bolton was never advised Ellis reviewing
Cooper: Mr. Ellis received OCA on March 1, 2020, he began second "additional" prepublication review on May 2, 2020. Amended complaint makes clear Ellis OCA not only quite fresh, it seems unlikely in extreme he'd undertaking Prepub review.
Cooper: Regulations require training before an OCA undertakes responsibilities wrt classification.
Note: I bet you money that Ratcliffe had not done so when he declassified the Flynn transcripts.
Note: I bet you money that Ratcliffe had not done so when he declassified the Flynn transcripts.
Kirk (I think) is trying to coach Cooper on the timeline in the background.
