Like Nixon Trump has an enemies list. Unlike Nixon who resorted to IRS audits and other dirty tricks Trump, having unlike Nixon turned the DOJ into his personal law firm is trying to put critics in prison. No one was surprised former FBI Director James Comey was first. Or that New York AG Letitia james was second. Vegas probably had lots of betting action on who would be next but Senator Adam Schiff looked to be the odds on favorite to be third in the legal crosshairs. Instead it’s turned out to be former Trump National Security Advissor John Bolton and the reason why is a doozy.
Two things seem to have led us to the events unfolding this morning. Schiff hadn’t done anything in Virginia that would allow Trump’s new pet Lindsey Halligan (Trump’s former legal lapdog judge Aileen “Loose” Cannon might be on suicide watch these days) to even investigate. Over in Maryland where potentially a case could be made Trump had a seasoned, competent career prosecutor in charge. She tried but simply couldn’t build any type of case against Schiff. According to Raw Story this made her (justifiably) fearful she’d be fired. Bolton had already been thoroughly investigated and I’ll get to the ‘inside basebill’ stuff in a minute. But even if getting a conviction would be tough (and it might be) at least there was something, even if dubious that could support an indictment:
President Donald Trump’s Justice Department has been pressuring an acting U.S. attorney to indict Sen. Adam Schiff (D-CA) even though she hasn’t been able to make a legitimate case for it, according to a report.
Writing for MSNBC.com on Thursday, Carol Leonnig, Vaughn Hillyard, Ken Dilanian, and Lisa Rubin collaborated on a report revealing that Kelly O. Hayes, a career prosecutor in Maryland, was specifically pressured by Ed Martin, who is running the “weaponization task force” investigations.
It’s not a stretch to imagine Hayes thinking something along the lines of ‘If I want to keep my job I’d better find someone I can indict and do so FAST.’ As a career prosecutor she reverted to type and followed (former at least) DOJ policy not to indict unless there was a strong likelihood of conviction. There wasn’t any “there” there with Schiff but with Martin leaning over her shoulder while holding an axe Haye’s looked around for an investigation oa top tier Trump enemy that had at least some actual evidence, even if it could be torn apart by a good defense attorney on which to secure an indictment. One that unlike what’s happening across the river in Virginia a judge won’t get pissed off about. So Bolton is now in legal hot water.
“She has chosen to move forward with a case she feels has merit and that will also be welcomed by the White House: to prosecute Trump’s former national security adviser John Bolton on charges related to mishandling classified information,” MSNBC reported, citing its sources. “Hayes has told colleagues she believes some charges against Bolton are reasonable and warranted, a case involving mishandling of classified information that began under the Biden administration.”
The Maryland office has conducted interviews with witnesses as part of the grand jury, alleging that he committed bank fraud by purchasing a second home in Maryland. She feared being fired after stating that the facts simply aren’t there to bring a case against Schiff, according to sources speaking to MSNBC.
That sums it up nicely. Hayes simply couldn’t “get” Schiff so she found herself a Trump target that for now might satisfy him enough she gets to keep her job a while longer. Let’s face it, there’s mutual loathing between Trump and Bolton. As you know while Bolton likes much of what Trump has done he’s never thought much of Trump personally and the two even had some policy clashes back when Bolton worked for Trump. However Bolton has for months now been steadily and even increasingly critical of Trump. Not just during off the records chats with journalists but also in public So as I said it was just a matter of time before Bolton would be indicted.
John Bolton surrendered earlier this morning for processing, and will be arraigned before long. Why? Well, it’s all about classified information. Allegedly having it, and also sharing it with people (family in particular) who didn’t have clearance. Both are serious matters to be sure. However, initial implications to the contrary have yielded to to fact it wasn’t so much documents, but information written down in journals Bolton could refer to when writing books or consulting if he ever gets a security clearance again. Bolton is also as I noted accused of having received emails with classified information. Say what? If he had info sent to him while he had high level security clearance there’s no crime.
Of course if he shared any of it with family, book editors etc. who didn’t have clearance that’s another matter. Bolton sure as hell wouldn’t be the first to have unilaterally decided it was okay to share with certain people because HE knew they were trustworthy. I mean, it’s not like Hegseth shared highly classified military operational intelligence including while ops were underway with uncleared people including family members. Oh wait. Hegseth DID? The countdown clock to a Selective Prosecution motion has already started.
I said I’d get to the inside baseball stuff having been indicted over alleged mishandling of classified information. We figured at some point this would happen. Like so many, Bolton developed a habit of keeping diaries. Again, until Trump stripped him of his clearance any classified information in them was fine as long as he didn’t share any of it with anyone who wasn’t cleared. Same for electronic information. Stuff on any flash drives or in emails. The government alleges Bolton did in fact share with people who didn’t have clearance.
We will see when this gets to court if they can prove it to twelve jurors. Abbe Lowell is one of the top attorneys in DC so don’t be surprised if he makes prosecutors who overstated their case in the indictment look like fools. I for one take anything a lawyer picked to prosecute a Trump Retribution case at face value. Even if there’s some evidence that Bolton crossed a line remember what I said about Hegseth and selective prosecution.
Legal pundits say while Comey and James have a good chance of clearing what is a high bar to win that argument and get a case dismissed it likely won’t be one Bolton can clear. However it can be brought up during trial. Prosecutors will screen for it, but it will be hard to find jurors who won’t remember (as Lowell is going to want to tell them) about Hegesth’s folly. Even if the judge intervenes to keep much if not all that out ALL of them will remember what Trump himself got away with in HIS massive and far more outrageous case. All it takes is ONE juror to think, ‘Come on – this is way out of proportion and isn’t right’ and that’s that. I have to admit feeling weird about rooting for John Bolton but I hope if this gets to trial it does down that way.
One final point. One thing pundits are talking about is that Bolton’s book was reviewed and cleared for publication. However during the Biden administration it was learned that not just that like so many others Bolton had, if not documents notes he’d made that had classified information. More importantly that he’d received a batch via email AND that Iran had hacked his email. Not having a secure computer able to prevent that may seem esoteric but it’s certainly grounds for investigation. Hillary Clinton famously (or infamously) was investigated over a highly secure personal server in her New York home. Which was I might add never hacked, at least successfully. I’m sure Russia nd others tried.
My point is that we learned Iran had obtained classified information we didn’t want them to have. They didn’t know we knew which gave OUR intel and advantage. A lot of disinformation operations could be undertaken. AND knowing where the hack came from it gave us a back door to infiltrate Iran’s intelligence gathering. That was reason enough to let the matter rest. I think it’s obvious we were able to mount an operation and now Iran knows they have themselves been vulnerable. It’s a tough call sometimes but sometimes you give up something to keep an enemy from learning just how good your own capabilities are.
It looks to me like the decision to reveal we knew about the Iran hack was made as casually and carelessly by our top leaders as back when Russia mistakenly shot down a Korean Air Lines flight back Reagan’s first term. They didn’t know how good our listening station at Shemya was and that we had some crypto types translating the incident, all the communications between Russian ground control and the pilot in real time. Russie sure as hell know it after SecState George Schultze waved a piece of paper around on live TV claiming it was a real-time transcript of the shootdown.
Back then, the feeling was we HAVE to “expose” every Russian as bloodthirsty and evil. The whole Evil Empire thing. Now we have Trump with his enemies list and if getting revenge means blowing intelligence operations he doesn’t care. And no one in his circle was willing to tell him in the long run it was a bad idea. Hayes is experienced enough that having looked at the investigation that had been completed before she needed a target that this issue was a factor in Bolton not being charged. But he desire to keep her job overrode her professional judgement. When Trump fires her (and he will) experience she might have used to sign on as a partner at a high profile firm will be worthless. Those who know the workings of DC will know damn well what she did. And Hayes will become yet another afflicted with ETTD Syndrome.
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ETTD also means that anyone who allows or even encourages Trump to touch them, deserves to die.
Wouldn’t it be ironic for John Bolton’s lawyers to suggest that a certain current resident of the White House was caught with TONS of “classified information” to which he was NOT entitled to possess and that MANY people–with absolutely ZERO clearance–had plenty of opportunities to peruse that classified information at pretty much any time.
And that’s not including the incredibly likely prospect that said White House resident actually discussed some of that classified information (if not also having made copies available–for a price) to unauthorized individuals.
And that particular individual *somehow* managed to avoid a court case–oh, wait. That was wholly due to a judge with absolutely zero impartiality (and who’d been slapped down by higher courts for her many egregious “errors in judgments”).
It’s a given Lowell’s motion for dismissal on selective prosecution grounds will include a copy of Trump’s FL indictment. Better still he will asked for at least some of Jack Smith’s evidence to be handed over as part of discovery. THAT would place a lot of information Trump wants to stay hidden into the public domain. Trump having gotten his own prosecution dropped will likely be the most powerful piece of evidence Lowell can present to the judge. Unless it’s Jack Smith himself testifying during the hearing. Wouldn’t THAT be something?
Denis: Given the legal experience and acumen of Bolton’s legal team with Lowell as lead, I wonder if Ms. Hayes hasn’t already considered the possibility/probability of the selective prosecution prosecution dismissal motion including exactly what you envisioned. While her DoJ position is viewed as at risk, the repercussions of releasing the FL indictment information could not only be fatal to the Orange Menace’s presidency, but also make Ms. Hayes a major figure in U.S. history.
Think about it…..