“The court has not responded to any individual decision to review publications before short-circuit and to publicly release information that may be classified,” Lambert wrote in an 18-page comment. Government from all possible misconduct “
The ruling ensures Bolton’s court battle will be dragged into the administration of elected President Joe Biden, who took office on Wednesday. His Department of Justice has to consider whether to continue the Bolton lawsuit for the intention of disclosing highly rated content in his book. The book offers a firsthand story of Bolton about Trump’s relationship with foreign leaders, claiming he offers aid to authoritarian authorities, bless China̵7;s detention of Uighurs and pressures Ukraine to investigate. Biden
The Justice Department filed a lawsuit against Bolton in May blocking the publication of the book. However, Lambert ruled that the move was too late because by the time he ruled, a review copy of the book had already been made available to the press.
Prosecutors also opened a criminal investigation last year over whether the book violated the National Security Disclosure Act. The state of the investigation is unclear. But it might end up on the plate of the appointed Executive Biden who entered.
President Ronald Reagan’s nominee Lambert said in his sentencing Thursday he would not guess the type of executive branch designation. He also concluded that, in fact, the book contained an extremely sensitive national security secret.
However, the judge said Bolton could explore whether improper judgments infect the review process and whether the government should forfeit some of its legal options.
“Strong public policy involves allowing the prevention of unclean hands in actions to enforce confidentiality agreements,” Lambert wrote. Because otherwise the government will not have an effective effect in conducting a dishonest pre-publishing review. ”
The court ruling gave the White House the opportunity for Biden to be immediately driven to a politically awkward decision on how Biden would endeavor to defend the secrecy of his predecessor’s hearings to a senior adviser. Trump’s attorneys may have intervened in the case to try to limit the findings, although Biden chose not to object.
Lambert is aware of the potential executive privilege issues and said he plans to structure the discovery process to try to minimize those concerns. The Constitution, ”the judge wrote.
Lambert said he planned to allow Bolton to begin by asking the junior staff about the review process. The judge said he might allow more intrusive findings at the term if he deems it necessary.
A Justice Department spokesman declined to comment on the new ruling.
Bolton’s attorney, Charles Cooper, said: “We are currently reviewing the court’s orders and opinions. In the beginning, we can say that we are delighted to have been discovered about the issue of government uncertainty in the pre-publishing review process. ”