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June 17, 2020 1:00 pm
Breaking news the Department of Justice sues John Bolton to prevent the publication of national security classified information live from Washington DC Jay Sekulow phone lines are open for your questions right now called 1-800-684-3110 1-800-684-3110 and now your host secular.
You watch out Facebook and periscope listing on radio. You can hear this is a lawsuit filed by United States of America US attorney's office Department of Justice versus John Bolton in the United States District Court for the District of Columbia action to prevent defendant Bolton, a former national security advisor from compromising national security by publishing a book containing classified information in clear breach of agreements he signed as a condition of his employment as a condition of gaining access to highly classified information in clear breach of the trust place with him by the United States government. Bolton wants to publish this book on the 23rd, and this seeks to prevent that publication. Again, we are not talking about someone writing a book about their experience. 20 years after the fact were talking about someone writing a book about being the national security advisor and about national security events that any current administration. Yes of this is a contemporary reporter could evidently have not seen the book of contemporary account of conversations he had with the President but also a contemporary involvement with what appears to be at least according to the government as a national security information classified information that cannot be released in an ambassador Bolton has made the determination with his publisher that regardless of that fact, even though it was going to write what's called a pre-review clearance that he was going to go ahead and publish this book on June 23.
Whether it was cleared or not that that point the Department of Justice had no choice but to bring an action to seek the delay of that distribution until the national security information is clarified. I don't think it's that complicated.
M is that straightforward. Now there's obviously anytime you're dealing with publications and First Amendment activities.
Those are big issues but here we are dealing with national security issues. That is the overriding factor to be good Andy on this and that's the overriding factor when you got in our prior restraints are very hard to get motherboards having something stop from publication, but the overriding factor here. At least appears to be the back of his national security that inhere that's exactly right. I've read the complaint several times, but I wanted to not only get the gist of it, but really get into it and the government says in the complaint very clearly our intent is not to spend the summer. The publication or to squelch any First Amendment rights that Bolton may have in talking about things, but to make sure in a prepublication review which is ongoing in which he wants to short-circuit to make sure that top-secret information sensitive intelligence information that knee and maybe only, he has gotten is not disseminated to the detriment of the United States and he just decided on his own, through his lawyer that is just taken too long and forget it. I'm just going to go photo publication and Simon & Schuster's publisher printed bound volumes of their ready to go. He put the government in the corner and couldn't do anything else you.
It's interesting to you.
Look at the timeline of John Paulson. This was someone again. I think the presence the President is always open to having people as his advisors who may not share his opinion so that there is a free flow of ideas he got to be pretty tough to do that and John both was seem to be that kind of type that of course is more of an interventionist and present trump was not what we's but we know from the timeline is that John Bolton was pushing present trump to go to full-scale war the wrong and present trump did not want to do that. Of course I we eliminated Isis and the withdrawal of Syria that took place a lot of those issues as well. This was a I get another board policy dispute but he was sincere, despite info what you think about this and by the way he tried he tried to embrace this John Bolton trying to embrace ACL you put in the ACL you have to say about that will have them really come back on Jay Sekulow leave that John Bolton for trying to join up with the ACLU what happened 2064 30 went to the doctors on the challenges facing Americans for substantial time when our value freedom sword constitutional rights are under attack more important than ever to stand with the American Center for Law and Justice for decades now.
ACLJ has been on the frontlines protecting your freedoms defending your rights in courts in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms than remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member.
Thank you. And if you're not well this is the perfect time to stand with us. ACLJ.org where you can learn more about our life changing work, member today ACLJ only one. A society can agree that the most vulnerable and voiceless desert contact. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn, called mission life will show you how you are personally life that supports the publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist the ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the motion and what Obama care means to the pro-life discover the many ways your membership in the ACLJ is empowering the right to life question free copy of mission life today online ACLJ/Jay Sekulow lively articular phone calls 100-684-3110 at 2063, 110 also update you instead were provided from Capitol Hill because as sinners. Scott has put forward that legislation in the U.S. Senate. The justice act that again comes in, coalesced coincides with the present signing the Executive Order yesterday. Now I legislation that's actually being fast tracked for police reform in the U.S. Senate and a lot of this thought is that Mitch McConnell the that the leader of the U.S. Senate. Of course Republican is trying to put a lot of pressure on it at the Democrats to get this done. Say you want to get something done.
Let's get it done. We got a bipartisan bill we can vote on right now. Let's get it done so we can update from Tanner that the minute but just just we want to start figure because what you think about this you joint administration as national security advisor on April 9, 2018.
You get the highest level of classified clearance national security clearance highest level you can see the nations the top information you then lose your position on September 2019 and now in June 2020.
You want to write a book about all that about all that national security think you saw unclassified information you saw and by the way you wrote it in a way, as the DOJ stated that was such a narrative form that became.
It was nearly impossible or impossible to actually to take out and edit which these books always have to go through that process.
John Bolton knows that he's not disputing that but the way that he wrote the book was written in a way where it would be impossible to edit out the classified information without basically having to rewrite the entire book and they're saying the part adjusted. It got to have more time to try and fix this so that he can publish the book he wants to do dad he tried to embrace the ACLU to get people's thoughts on this 100 684 31 talus but the first tweet up on the screen is from John Bolton yesterday.
Please see the ACLU statement on my upcoming book release. The ACLU said 50 years ago, Scotus rejected the Nixon administration's attempt to block the Pentagon papers any trumpet ministration effort to stop John Bolton's book is doomed to fail. So he tried to embrace the ACLU well didn't last long. The ACLU and let me see exactly how long three hours later, is the second three from the ACLU.
Let's put that up on the screen.
Good job juggling thought he could get. Instead, I guess that change sides that quickly with ACLU they they wrote this dad now that we have your attention investor John Bolton. Please also see the ACLU statement on your atrocious human rights record and then went on to write as national security advisor investor Bolton threatened the ICC over its best investigation into the US war crimes Afghanistan celebrated when survivors were denied the opportunity to hold their tortures accountable.
We didn't forget at the ACLU self. He tried outcome.
Mr. ACLU dad that did not last long.
Knowing I agree with him about the ICC. I think the ICC we were there fighting that off. If you remember back in December actually in import at the international Groveport mag vibrate investor Bolton at the ICC's misuse is its jurisdiction. That's been the consistent position of the American Center for Law and Justice.
But what's up fascinating here is this book went through a series of reviewing when you review the complaint. There are numerous times where investor Bolton does in fact take information out or redraft that information because even though he originally did it this way. There was classified information in it. Now there's concern that there still is classified information is also concerned Andy that this information has been shared with other individuals including book publishers and editors and lawyers that may not have had security clearance that tried the complainant indicated that he may have already shared and disclosed information that he should not have disclosed to publisher people have read the manuscript and abstain. It Bolton should've known that that was wrong that he thought he is a Yale law school graduates. Not that he is not well-versed in the law and so the government had no choice but to say look, we want a constructive trust imposed on any profits that you make and out of the selling of this book because you have shared parts of it that you should not share with people that you should not have shared it with. So will you know that this is a lawsuit brought in three counts. Very simple. J. Breach of contract and fiduciary duty to broker contact with the government, you had a duty of good faith and proper dealing with the government.
That's what fiduciary deep dealings meant duty means and you breached and brought those duties and you have to pay the consequences of it, both by having your book not published until the prepublication review is done and giving the United States. The benefit of any monetary rewards that you get from this publication. So it's basically an action both in equity, stopping the publication of the book, but also for damages that right-handed that's right it's damages in contract.
Contract damages, which is a legal remedy and go breach of fiduciary duty, which is an equitable remedy so well drafted complaint finally done with the best tradition of United States attorney's office. I gotta say I was impressed reading it. The clarity of it.
The flow of the narrative and how they how it was done, it was good stated a cause of action and the question that it was it was well done is very direct on what it's asking for ice very specific on what it's asking for no one same the book cannot ultimately be published but can't be published with classified information and by the way, as the present set conversations that he had with the President are also privileged. When you read through the briefly this is just makes a lot of sense. I think the people to just to listen to this. A lot of times, legal briefs, don't decanters like read the Mount San Diego understand what I'm talking about here you will as a condition of his appointment and to permit him access to classified information. Defendant, that's John Bolton, entered into and signed a classified information nondisclosure agreement titled the standard form 312.
Defendant also entered into and signed two sensitive compartmented information nondisclosure agreements each titled a standard form 4414.
As noted in these NDA's unauthorized disclosure of classified information is also illegal and can result in criminal penalties and signing these he did this by the way, they note that he's an attorney that he did this voluntarily, willingly and knowingly and it. This was a condition of him being granted access to classified information and to have the job as national security advisor that I had to.
I do also will. I guess I will talk about a minute to and maybe with Andy that the executive privilege idea and it will start taking more your phone calls 164 3110 because were just about brought executive privilege and you were talking about. This is someone as is explained also in the brief, whose job is to advise the President on national security and foreign policy matters and assist the present on carrying out his national security policies. The present policy. What he ultimately decides to do that such is brought executive again. As you know what authority I mean you're talking about. Again the deliberative privilege there. This is that this is like the definition of the deliberative privilege. This entire job. Godbold had no more sensitive job.
I would say in the government of the United States than being the national security advisor to the President used to be called the assistant to the President for national security affairs are matters coming.
This is the person who has the into every secret in the United States that protects this nation or they could expose this nation to danger in his head in his body. He's got that information and he discussed it with the unitary cheap executive of the United States, the President, where in the world do you think you are going. By putting this stuff and something he calls subtitled this book a White House memoir where you think you're going with this without having prepublication review don't don't they teach contracts to Gail that they forget that each of that court did he skip it as fiduciary duty or duty of good faith learns that John Fulcher existing Matt Clark from our legal TV, just text me is when my co-authors on a good sissy. My book the next red wave and is written box. My dad's written box stand as written books you go through a major editorial process, and it can be frustrating at times but it is the normal part of writing a book and that's a book that doesn't contain classified national security information it go, you go back and forth and back and forth sentence by sentence word by word dad started multiple time stands done it multiple times I've done it that Clark convinces the of done it and he is done it before and were talked about books that don't include classified information and be dead. We're just like that. This idea that not only are we talked about the nondisclosures in the decree of the crime of disclosing classified information and they NDA's, and the breach of contract. Also that the national security advisor in this is in the brief on page 4 it is is really their job is to advise this is a quote assist the present on national security policies and the serves. The presents are for recording these policies. This is not just executive privilege were tight, but that this is like right this job like defines deliberative privilege, which is much more protective so we waited and when I started from welfare, preventing the President.
We get a very comprehensive memo on deliberative privilege, executive privilege and attorney client privilege. The fact is, you're right. This information just cannot just be really good review process has to be signed off by the government. If it's not, it doesn't go out right folks, we come back, restart, take your phone calls what he said about this move by John Bolton. You think the book should be released in this current that he wants to put it out there regardless to classified information of the national security risk and not wait for the review to go for. You think there's another motive only when a society can agree that the most vulnerable and voiceless concern. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life. We've created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission life will show you how you are personally pro-life family and the publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist the ramifications of Roe V Wade, 40 years later, parenthood's role in the motion and what Obama care means to the pro-life discover the many ways your membership in the ACLJ is empowering the right to life question free copy of mission life today online ACLJ/challenges facing Americans for substantial time and or value freedom sword constitutional rights are under attack is more important than ever to stand with the American Center for Law and Justice for decades ACLJ has been on the frontlines protecting your freedoms defending your rights in courts in Congress and in the public arena and we have an exceptional track record of success. Here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms than remains our top priority, especially now during these challenging times.
The American Center for Law and Justice is on your side, you're already a member. Thank you. And if you're not well this is the perfect time to stand with us.
ACLJ.org where you can learn more about her life changing become a member today ACLJ Jay Sekulow like this Jordan secular take your phone calls 100-684-3110 so surprised John Bolton's foreign policy did not line up all the time with present trumps the present from thought that he could be a good advisor in the sense that I again kind of point counterpoint somewhat to discuss things through, even if they did ultimately agree John Bolton ended up not being the right person for that position with anyone to write a tell-all about everything, including attacking the present. That's one thing okay get that right before the election. We can again I think that the I think there's bigger issues at stake here. He wants to see Juan how far he can go on pushing out national security information. It was a giant book deal in a multimillion dollar book deal and it's right before the election, so he'll get a ton of attention and at the and and and again at a time when it's actually tough to get a lot of that work because that he usually does in the speaking circuit to things like that because of Cova 19 but that's the side point that I mean yes it's it's he's he's try to put up for the election if you wanted to say all these nasty things about the present. All that and leave out the classified information.
He probably could've gotten this book published. Let's not forget, especially humanity. Let's not forget that we were dealing with John Bolton's book. Yes, during what first day of the impeachment proceedings.
The first days of the impeachment resizing on Amazon that day right that yet the exact day that the impeachment started. Andy, the book became an issue that we dealt with at the impeachment proceeding exactly right guy because he threatened to disclose information that would have impacted upon the impeachment because he is an opportunist.
Let's face it John Bolton is an opportunist. He is looking for the right time to make you splash so he thought well maybe I can do it during the impeachment and derail the process that the United States Senate on the tone and the Pope through its constitutional responsibility will it didn't work so he waits a little longer in effect, is get near the election, by opportunity to besmirch the President is going to be long. I got to have this opportunity to do it and so avoiding all concepts of contract.
All concepts of fiduciary duty. He makes a blog statement. I don't care what anybody says this book is coming out June 23 but that may not be the case that US District Judge may very well issue an order telling the Mr. Bolton you had enough of your opportunism. You got to abide by your contractual responsibilities. This book income amount. Very simple skill to the SoundScan of Julie calling from California online three funeral talk to us on air have a comment a question or your thoughts to about the timing of it.
1-800-684-3110 at 2000 684-3110 Julie, welcome to Jay Sekulow life thinking Targum Doppler follow 13. My concern, this book is coming out after the ventral shelf discussed in the last care to our President national security cases discussed in countries like Iran and North Korea on Russia. We don't hear about discussions with their President with their natural skirt. If I start this look at them. I wake up and how we think this is what's interesting that this brings up a present stand. Another interesting point that sat and Juliet, you're right on that sat again, these are ongoing negotiations were talking about ongoing with North Korea.
We saw them blow up that that North Korea South Korea facility at right across the North Korean border yesterday. John Bolton was strongly opposed to those North Korea at the meeting at the summit between Pres. Trump and I Kim Jong-Il now what what happened well he got sidelined he probably did like that. So while that summit was going on. The second time.
Guess where he was. He was in Mongolia so this is again I think that he went to the first one, not the second one and because he was opposed to it. He wanted to start this war thereon and we have all these issues with China and data meet Julie just hits the nail that had all of this is still ongoing were still dealing with China right now you would Cova 19 we trade with tariffs were dealing with North Korea. We are we are dealing with a national pandemic internationalist and this is a book that's dealing with real-time issues that SME one of the selling points, but the course.
The problem with that is maybe dealing with real-time issues, but those are real-time information issues that according to the complaint involved classified including top-secret information and also could expose conversations under executive privilege or deliberate privilege that the President had with John Bolton so give me so it's very serious that these allegations are being made and I think there's no question the court is to take this very, very seriously, but Julie makes a very good point and while you have current ongoing national security issues and the ACLU points to the Pentagon papers well that the day with a lot of differences between that situation and the current situation that were now in you know they're talking about your talk. The Pentagon papers is is like a report that someone that someone get leaked out were talking about someone who had direct conversations. His job was to advise the President of the United States and on national security and on the most classified information and ultimately implement the policy of the President of the United States and when you put all that together again at this is different than a document that that that that that New York Times was able to release and publish were tight about someone's account of their conversations about classified information breaking already there but their contract with the nondisclosure agreement and not willing to go through, which by the way the White House is putting in a good faith effort to go through this. You can imagine. I bet this is about dad. The most difficult book for clearance purposes is a book written by a national security advisor who only left a year ago who wants to write not just about at it. Foreign policy issues, but about his direct time at the White House. His conversation with the President on classified information and decision-making, no and no yarns are right in the book 500 pages. Let's not forget, not handy and I and you have done books and anyone you have 500 pages of publishable material. Now, it may not be publishable to the backers classified information in it. The process of going back and forth adjournments with editors in a normal situation is extensive, but when you put on top of that classified information. Information that is sensitive information that affects ongoing situations where right now, China, South Korea, North Korea, the Middle East, that is, sensitive information conversations with the President that all raises the specter of why the review has to be so thorough in this rush to get the book out is I think a lot of it is a completely economically motivated, economically motivated and again as if an opportunistic mood by Bolton to get his book out of what he believed to be the best timing given the political year in a political campaign, but as you said, and if the complaint says J this is what's called an iterative process iterative, which means it is a journey back and forth between the writer and the prepublication reviewer in the government. This line is too sensitive to be published and so that the world knows about it, take it out.
See take that out.
Please go back and forth and back and forth and again, as you point out, this is not 100 Facebook. This is a 500 page intermittent memoir by the national security advisor to the President. It takes time Bolton doesn't want the way that you will folks got sick a half-hour, not a lot of phone calls coming in will take those and 164 3110. Stan will update us on that new piece of legislation the U.S. Senate on the police reform introduced by Sen. Scott so will have that we come back. Sound from attorney general Bill Barr about the Bolton book will play that for you if you could support the work of the ACLJ donate today and ACLJ.or make a donation to get online it ACLJ.org for decades. ACLJ is been on the frontlines protecting your freedom is defending your rights in court in Congress and in the public arena. The American Center for Law and Justice is on your side. If you're already a member thinking.
If you're not well this is the perfect time to stand with us ACLJ.org where you can learn more about our life-changing work, member today ACLJ live from Washington DC Jay Sekulow and now Jordan secular, there's one thing to I want to clear up here from John Bolton's try to embrace the ACLU. Eddie said look at the ACLU having troubles. I should put out a tweet say looking with the ACLU saying about my book. I love the ACLU to get out really smart idea. John Bolton get the ACLU involved in a dialogue with you, but then the ACLU cites the Pentagon papers and it is will are produced well and we would point out that it's very different. But there's another huge difference to it this lawsuit. Dad is about John Bolton. He's the target the leaker right is the target of classified information not Simon & Schuster or the publisher of the book right, it's John Bolton.
So this is not the ACLU got it totally wrong. Yet this is not that the situation you had where the Washington Post was going to print the Pentagon papers. This is against the author of the material will that have affirmative obligations that he will have to make if the court issues the appropriate decrees. Now it's before a judge that is on senior status, but very well respected was reporting night, I believe, by Al Ronald Reagan and Angie. Let's explain senior status means that a judge is achieved at least 10 years of service of the US District Judge and their untitled at that point to going to a senior role, which means they considerably reduce caseload if they want to sing estate is not mandatory their judges who do not have that but it means that they have a reduced caseload ticket package for the same notwithstanding. So this is now been before a senior judge, which means there is going to give it as much attention as is given anything else. It's just that you got less of a caseload are illicit rights assaults 100 684 31 tenants 100-6431 10 Pat Collins from New York online to Pat, thanks for joining us here on the air hi and garden and K and Andy and yet it is. Greg and him okay we got you fat great great yeah I night that we support the ACLJ and and them have been for some time and glad you guys on the front line what the question is, is one John Bolton is copy released to the editors and copyright is already the answer to that is yes, that the it's actually I think a distribution houses right now.
So the book was apparently not again what's in the complaint are reviewed by his lawyers the publishers the editors I don't know if those people had security clearance if they did not. I think that presents a serious problem, but my understanding is, the book is scheduled to be released in like four days or maybe five days and it is in the bookstores not in the bookstores themselves.
But in the warehouse so you see I think about that in the book it is is literally out and in the I get publisher making this bold move arch to challenge the US government.
I think again it is supposed to come out Tuesday, June 23 and return the next week, next week, and so this would be very quick. Legal action.let me play Atty. Gen. Bill Barr why he thought it of this. This move was necessary. The department of justice. Take a listen. People who come to work in the government and have access to sensitive information generally signed an agreement and they have to go through a clearance process before they can publish the book and we don't believe it. Bolton went to that process hasn't completed the process and therefore is in violation of that agreement. So there you go I be just dad was just one more time before for folks to understand. We worked with John Bolton. Most folks the conservative world have before you can agree to disagree on some of his foreign policy decision. Certainly, a hawk, but but at the same time doing this to this to our country and putting our national security at risk is setting such a dangerous precedent precedent for future presence. I don't care if you like Donald Trump or the right now. I think that the President this is setting is dangerous for the country. It's dangerous for the administration and its danger for national security at the allegations and the reasonably allegations of the complaint are not correct. You don't do that is not the way it's done right and jumbled knows better than folks we come back and update from Dan Bennett on the Justice act. Everything for your phone call one 864 30. What if you could support our work donate online ACLJ.org the challenges facing Americans for substantial time and are now our freedom sword constitutional rights are under attack more important than ever to stand with the American Center for Law and Justice for decades now ACLJ on the frontlines protecting your freedoms defending your rights in courts in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do her work without your support, we remain committed to protecting your religious and constitutional freedoms and then remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you. And if you're not well this is the perfect time to stand with us ACLJ.org where you can learn more about her life changing become a member today ACLJ only one. A society can agree that the most vulnerable and voiceless concern. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission life will show you how you are personally support the publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist the ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the motion and what Obama care means to the pro-life discover many ways your membership abuse children is empowering the right question for copy of mission life today online ACL data/Jay Sekulow like this Jordan secular look real right back to the bolted issue just a bit of a week. We also want to cover very important news River yesterday, we covered the President's executive order on police reform specifically targeted improving relationships within the African-American community and other IDI communities that have been either at troubled relationship with the police.
Underserved communities. We went through that piece by piece. Now we told you that these executive orders need teeth any kind of legislation to cut put the idea of the executive order like putting the mental health professionals in the need teeth they need legislation will center Tim Scott Republican from South Carolina who himself is African-American, said he has been pulled over a number of times for driving while black is how he calls it driving while black. And so he's experienced this kind of harassment just because the color of his skin. He's putting forward the legislation that provides the teeth, the Executive Order take a listen to our sitter, Scott, and then we can update from Dan Bennett where this goes on Capitol Hill.
Too often, were having a discussion in this nation about Artie supporting the law enforcement community for youth supporting communities of color. This is a false binary choice that the answer to the question of which side do you support it. I support America energy support America you support restoring the confidence that communities of color have been institutions of authority to support America. That means you know that the overwhelming number of officers in this nation want to do their job. Go home to their family. It is not a binary choice. This legislation encompasses that spirit speaks to the fact that we believe that the overwhelming number of officers in this nation are good people.
So family to write to you and Capitol Hill. This legislation unit providing that the tease to the Executive Order, something that appears the American people want from both sides of the aisle, but will Democrats try to stand in the way of the so where does this go next day. We also heard from leader McConnell that he is pretty much fast tracking this and say here you go you got your legislation. Democrats let's vote on it and it might amid the been most significant thing that came out of this press conference today. Jordan only backup just a minute, though I do Sen. Scott leader McConnell, along with other cosponsors of the legislation and rolling out the press conference Sen. Scott actually referenced what you just said that he is been stopped this year for what he called driving while black. So he understands the frustration that's out there of the Jordan. He also very eloquently stated that most of this authority appropriately laid eyes on the state level, so there's limitations to what the federal government can do. He applauded the President for leading the way with the Executive Order and then you're correct, Jordan hee hee unveiled the Justice act, which has 11 titles and most of them deal with what we talked about yesterday existing grant programs and new grant programs to incentivize state-based plans for both reporting abuse and then also mitigating abuse going forward. Things like body can things like de-escalation training and the rest adorned but maybe the most significant thing is what leader McConnell that he said the Democrats. He said you had been champions in words on many of these issues I'm going to give you a chance next week to be champions in action. Most of us can agree on. Basically all of these 11 titles Ellerbee other things that we need to debate, but this legislation should get bipartisan support and I'm to give you an opportunity to support it next week on the floor. A Jordan will need Democrats to nearly 7 Democrats to invoke cloture to move forward. There will be a chance for them to do that next week. Any thoughts on that and we have any thoughts on if there seven Democrats at their you know that that the tone unfortunately from the leadership. Jordan has not been a good one. Later, Schumer says the bill comes up shortly focuses on things that there is a debate on I will tell you though. I think there are individual senators who are considering whether to break with leader Schumer and quite frankly I think the American people are probably an 8020 split on this and they need to reach out to those senators who are considering that now because Jordan you know this very well, but our listeners may not the first vote on this is going to be to invoke cloture not to end debate actually have a conversation get on the bill. Senators can then introduce amendments. This is at a bare minimum.
Jordan it's an issue that should be debated in the United States Senate. That's the very first vote that will be taken is the Senate willing to debate that I would make sure that you know but when this is a physicist can happen next week so maybe even over the next couple days, then puts together that list of Democrat senators are folks listeners ACLJ members who they should start calling so family start working through who we think are like maybe the top 10 for people to reach out to and and will start putting those names out tomorrow on the broadcast and online at ACLJ that order because that is critical to get this reform going. It also is critical if you like what was in the Executive Order and I think most Americans did.
This is what really fully implements yeah I think that's right. And I think it do so I'm part of the art object I do here is make sure that the process can go forward so that you can actually see progress and he there is a lot of talk on these issues. The President and Al leader McConnell saying let's do something on police reform is to be very interesting to see if the Democrats actually line up to do it and they there.
Yes, I'm here.
This will be the true test of their fidelity to the Constitution and to the Republic as to whether or not they are willing to step forward invoke cloture and go to vote on the bill that Sen. Scott and his cosponsors of put together.
I think it's a vital bill. It covers everything in its various titles that really need to be covered, and I hope that the senators on the Democratic side will realize that it may not be an ideal bill for them, but at least it covers the basic fundamentals and they ought to get on board so you get ready with action items on this Derringer team ready for this as well. Soon expect that tomorrow on Jay Sekulow live in on ACLJ.org. They will put together those Democrats that we need to have you reach out to who are may be willing to break break. We need seven of them to break rank with the Chuck Schumer leadership of the Democrat ready to support at the Justice act and get this police reform moving at dad ought back to the Bolton issue a lot because that really take those in the next segment. The broadcast of your hang on the line I hang on were granted that's already doing that final segments take your calls and questions.
So hang on to do that when you look at this kind of in the totality here worked on a very short timeline.
I me were talking about. He wants to publish this June 23.
Now, a court could could prevent that from happening temporarily by slowing this process down because as you said, it is usually an uphill bar to get things stopped driving busily with call temporary relief, a Temporary Restraining Order, temporary injunction than a preliminary injunction they may merge the temporary medical and there they can do that. I've had that in it, but dozens of case hundreds of cases probably would merge the temporary TRO with the preliminary injunction and actives that the parties time to work through it and then see if they can come to an agreement as to how the book to be published without the classified information Millet St. John Bolton can't write a book just say you can't write a book that contains classified information, top-secret information or conversations he had with the prison yard states would be covered by deliberative or executive privilege. That's what this litigations is about. I alright and then I get to Andy on this to him and when you look at the timeline and you been on both sides, prosecution, defense, but you see such a short timeline June 23 but you got so many issues, breach of contract you got classified information.
You have a review process.
You have a a White House saying that you know by the way, you agreed to go through this process. It's taking us a long time because you wrote a 500 page book in narrative form. Let us do this. So the your book can be published. Stop pushing to try and publish this and ending. You've also got the issue Andy that he may have already violated criminal law by sharing classified information with people that didn't have the security clearance to see it, especially if these books are warehouses they buy, the worse the warehouse and gravel well if you read the complaint, Jordan complains that the book of been printed, bound and given to the management places and it's ready to go to the bookstores that mean somebody anything that book and is granted so is already violated the law with respect to the prepublication review that he contractually agreed to and under the federal guidelines for publication of sensitive material he is bound to so he's already done that. But I expect that this will get a pretty quick review by the judge assigned to it. Given the timeline it's coming out the 23rd day of the 17th at six days as Jay said this could be of the Temporary Restraining Order, which would only be good for a limited time period might be extended to an interlock authority or preliminary injunction, which means that until and none of that is the injunction against publication will stay in place until the parties finally litigate the matter in its entirety and that is what I predict a district judge will do, it will enjoin the publication, dissemination, rather I should say of the book while the parties are litigating the question and maybe even say it's going to be stayed until the national Security Council review is complete. Folks, we got a second final segment coming out got one phone line open, 1-800-684-3110 if you want to talk to us on air for Teresa Cindy, Bill, Pat and Phil stay on the line, we're gonna take your phone calls on the Bolton matter. Also an interesting comment from Sen. Lindsey Graham talking to Democrats about police reform will play that to we come back from the break. I think it's important to hear but focusing it on your phone calls on this Bolton in this legal move by the Department of Justice been trying to give you full analysis here as well as his tribe breaks the ACLU when you been a a conservative foreign-policy interventionist for most of your career. That's one lesson for John Bolton will be right back in Jay Sekulow life. Only one.
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ACLJ.org where you can learn more about her life changing become a member today ACLJ trying to sell more books by putting our classified information may be breaking the law will certainly break you all by sharing classified information with people without the security clearance to see it by again. So if you believe the part of justice that the book contains classified information about people edited the book who are not did not have that clearance to see that classified information. The book was distributed, as they often are a for comment. Those folks didn't have the classification necessary. It was printed and bound and so those folks certainly don't have the classification. Nothing against anybody. I don't have that classification either to see this information so you got these criminal potential in all the cell book and let me remind you as one of the attorneys during the impeachment trial for present trump which by the way, acquitted by the U.S. Senate. I was like the ad that this popped up on day one. John Bolton on his part that publisher.
They pump published for the first time the cover and title of the book on Amazon. The first day of the impeachment trial think that they were just trying to sell preorder books get attention. Then he try to float out there that maybe he'd come testify. Then he said he would even if he was subpoenaed, he wouldn't. So what was that all about money that's that's a sad thing when you got national security risk. We've got our art classified information and you just will go through the process. You can make your money into your book go through the process.
Stop trying to rush the government when you know as national security advisor Euro 500 pages. Tons of in the narrative form with lots of classified information on national security and and probably other breaches of contract like sharing conversation you had with the present unclassified information so how about work with the White House is working with you is not saying you can never publish this book is saying we need more time to work with you so that you can publish the book really take your calls on that but I do want to play this from Sen. Lindsey Graham because tomorrow we start taking action on that on the justice act from Sen. Scott and start targeting those Democrats who could help us get this across the line. Let's hear from Sarah Lindsey Graham by four to my colleagues on the other side.
He said we talk too much. We don't need to listen anymore. Where were you for the eight years of the Obama administration. I'm getting a little tired of being lectured to by my Democratic colleagues that all this is Trump's fault. He had eight years under Pres. Obama. The justice and placing that none of it was taken up virtually Celeste not that off you make, and no points with me trying to suggest that that were bad and yell or not.
When it comes to this issue. You had eight years no attempts to vent show calls militants to do any of the things that we all agree we need to do now. So if you want to fight about that last five if you want it meant that the country needs to move on together.
Let's do it.
I would hope the country will move on together have a feeling we will be fighting about this and that and Joe Biden will have to answer to this as well. Will play more about that tomorrow will be focusing on this and start targeting these maybe a dozen or so I Democrats sinners, we believe could help push this legislation over the line.
I want to get right to the calls on Bolton. Let's go right in order they come in will start with Theresa Michigan Treacy are on their boat will find contact with the ability to do any co-author of the publisher have to keep that information to quit because I can see that both are there so that's interesting Andy and he signed the contract with the US government on this national security information and the nondisclosures I then he signs a contract with the publisher. You know, but the Department of Justice and he is not trying to got to the publisher here department justice is targeted on John Bolton because it is it is John Bolton who knew what he was doing was wrong. That's exactly right Gordon, if you look at the complaint. It said it is a three count breach of contract, in violation of fiduciary duty complaint that government very accurately and very correctly says I can't use Simon & Schuster because I the government. We did not have a contract with Simon & Schuster, but we had a contract with Bolton and he is responsible for carrying out the obligations of the contract that he entered into. That is probably wise Simon & Schuster. The publisher is not a defendant in the case because there is no contractual relationship. So once this is proven to be a contract that is enforceable except Bolton then deal with this publisher, not the government. I scoped out right back to the sounds at Pat in Florida online five Pat Welker Jay Sekulow Lodge on the air regularly, but, like all real quick.
I just was wondering hear what happened at this judge does something completely opposite to go ahead and publish the book. What's the next option that the government has never been a good batting average with judges lately. You know it is again a decent appeal immediately. You can appeal immediately to the DC circuit.
Our favorite court which we are so familiar with the, the court that recently heard a case that we focused on with respect to matters arising in the administration so that the government can ask for certificate of immediate review to the DC circuit Court of Appeals, and I don't think that that would be denied. I think the judge would say I'm gonna stay my ruling until such as state publication of the book until such time as the DC circuit look fatter than the DC circuit will probably give it some expedited review. I expect that to happen if we get a bad decision from the Senior District Judge so you know ski pilots keep going try and answer your questions for you as quickly as we can. Cindy in California line to Cindy walking the Jay Sekulow live here all current books and get out before it cleared the punishment, if any, could Bolton receive this would be interesting Andy because if this starts leaking and there was talk about that even during the impeachment trial of portions of it leaking Bolton himself could be in trouble again. It it it it really does depend on who doesn't who did the leaking for the legal liability, but there certainly are things like the espionage act and others that could potentially be used with the part I want to make it clear Andy DOJ here is not trying to focus on the publisher or it's not like trying to got to the New York Times and Washington Post for the Pentagon papers their own after the guy they had to cut like you said the guy they had the contract with so if it were to leak out before it approved, it would be Bolton who would bear that responsibility to correct it would be Bolton Bolton have the contract with the government. He should know better. He has a contractual obligation to allow prepublication review to take place. Now there may be I don't know because I haven't researched it apart from the civil liability of breach of contract, which would mean losing and damages giving all the is profits from this to the government. There may very well be criminal penalties that he is looking at for having breached the duties as you mentioned under the espionage or other factors and laws that may exist that I haven't had an opportunity to look at that. He may be facing. But it's a good, but he's going to be facing some liability was a civil, criminal, or both, for what he did not immediately see the brief on page 5 DOJ unauthorized disclosure of classified info, this time at John Bolton is also illegal and can result in criminal penalties.
18 USC section 798 entered into these agreements, knowing they can pay for.
If you violated them to result in criminal charges and criminal penalties. It would be illegal folks a great broadcast. They enjoy discussing this with you analyzing it with you going through the issues with you. I like it. It's that ram to do this with it.
It's about John Bolton. The truth is John Bolton.
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