If a government employee holds a Top Secret/Secret Compartmentalized Information (TS/SCI) clearance prepublication review is compulsory, and employees sign a piece of paper agreeing to as much before getting their clearance. Not true for vast majority w lower clearance levels.
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Thinking about skipping it? Govt can sue the employee for breach of contract and collect any funds associated with the book’s publication, including any advance from the publisher and royalties for as long as the book is in circulation.
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Note: This is a civil suit— no criminal penalties. And govt can sue regardless of whether the book contained any classified information. Not submitting the work for review is what breached the contract, regardless of the contents published.
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Here’s the HUGE problem for Bolton...prepublication review applies to sharing a manuscript w *anyone*—like a lawyer or agent or publisher. And then there’s the unauthorized disclosure of classified material to 3rd parties—which is criminal.
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So if our hypothetical employee’s lawyer sent the NSC for prepublication review a manuscript that the NSC then determined to contain classified information, the employee could be sued for breach of contract AND prosecuted for disclosing classified information to the lawyer.
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Oh, and the kicker: it’s almost exclusively the White House that gets to determine whether the information is classified in the first place. THE END.
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More here: https://morning.thedispatch.com/p/the-morning-dispatch-can-the-white … and thanks to
@MarkSZaidEsq for his guidancePrikaži ovu nit
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Columbia Law Review published an article on this topic dealing with prior restraint. Not sure if it is worth a read.
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Columbia Law Review, Vol. 115:417, “Till Death Do Us Part”
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