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Jayson O’Neill, (406) 200-8582
Today, government watchdog Accountable.US is releasing new information on Bermuda-based TransAtlantic Petroleum after the corporation's SEC filings revealed that they had been awarded a Paycheck Protection Program (PPP) bailout despite selling all its U.S. assets in 2007 and relocating to Bermuda. The research also found discrepancies in the amount reported by the oil corporation and that it had also doubled-dipped after receiving an additional windfall from the Turkish government.
"The Trump administration's resistance to necessary transparency and accountability is directly related to the fact that large and even foreign-owned corporations that don't reside on U.S. soil have cashed in on their corruption. Until Congress demands full transparency, this will continue to be an unmitigated disaster that is going to completely derail any semblance of an equitable economic recovery," said Jayson O'Neill, Accountable.US spokesperson.
This past week, the administration raised questions about whether there would be full disclosure of relief fund recipients. Treasury Secretary Steven Mnuchin said the administration wouldn't make PPP loan data available to the general public based on vague concerns about privacy, even though limited Small Business Administration (SBA) loan data has been public for decades. In fact, the most recent PPP data released by the SBA showed that 62% of private 'Mining' corporations, including oil and gas, and related activities, had been awarded nearly $4.5 billion in bailout funds. It is unclear if TransAtlantic is included in the total because it's based in Bermuda. The Trump administration inexplicably made foreign-owned corporations eligible shortly before the program was launched.
Late on Friday night, the Trump administration announced that it would release basic information on PPP loan recipients of more than $150,000. This came in apparent response to growing public pressure on the administration to follow through with its promises to release all individual data. However, under the new, evolving disclosure guidelines, only 14% of the bailout recipients' basic information will be released.
Unfortunately, TransAtlantic Petroleum isn't the only foreign extractive corporation that has been awarded taxpayer monies through the SBA. While the program was billed as a lifeline for Main Street small businesses and their workers struggling to survive the historic COVID-19 health and economic crisis, Accountable.US, through its Trump Bailouts tracker, has exposed that that hasn't always been the case.
The Bermuda-based oil corporation's second-quarter SEC filings showed that it had been awarded a $626,000 PPP bailout, but the corporation's CEO clarified to shareholders that due to its numerous affiliate subsidiaries, TransAtlantic had indeed been awarded over $2 million in taxpayer funds. Astonishingly, in the same meeting, TransAtlantic's CEO informed shareholders that it would be required to repay some of the bailouts, admitting that it may have been used for non-payroll expenses. TransAtlantic has compensated its billionaire CEO handsomely to the tune of nearly $4.5 million over the past two years.
In addition, TransAtlantic announced that they were double-dipping due to legislation passed by the Turkish government, which would result in an additional benefit of approximately $360,000. The corporation's net income has been upside down for at least the last four years.
The ongoing tracking project by Accountable.US at TrumpBailouts.org documents the billion-dollar corporations and other large companies that have received taxpayer assistance under the CARES Act, and what advantages and assets they had going into the COVID-19 crisis that most small businesses could never access.
Previous controversial PPP grantees include oil corporations that spent millions on stock buybacks, an Indiana-based coal corporation with a former Trump official as its lobbyist, at least two companies that market their ability to ship U.S. manufacturing jobs overseas, major luxury hotel chains, a fashion model agency, and even the L.A. Lakers.
Learn more about the special interests fueling the Trump administration at Accountable.US and the administration's ongoing efforts to carve out more big oil and coal bailouts at WesternValuesProject.org, an Accountable.US project focused on public lands conservation.
Bermuda-Based TransAtlantic Petroleum Omitted Key Details About The PPP Bailout It Got From The Trump Administration In Two Separate SEC Filings
Based In The Tax Haven Of Bermuda, Oil Corporation TransAtlantic Petroleum Reported Receiving US Taxpayer Funds Under The Paycheck Protection Program
During Q2 2020 The Trump Administration Allegedly Gave Oil And Natural Gas Company TransAtlantic Petroleum $626,000 Under The Federal Paycheck Protection Program...
TransAtlantic Is "An International Oil And Natural Gas Company." "We are an international oil and natural gas company engaged in acquisition, exploration, development, and production. We have focused our operations in countries that have established, yet underexplored, petroleum systems, are net importers of petroleum, have an existing petroleum transportation infrastructure and provide favorable commodity pricing, royalty rates and tax rates to exploration and production companies." [TransAtlantic Petroleum Ltd. 10-K, 03/25/20]
TransAtlantic Claimed It Received A $626,000 Bailout Via The Paycheck Protection Program. [TransAtlantic Petroleum Ltd. 2020 Annual Meeting June 5th 2020, accessed 06/05/20]
...Despite Originally Incorporating In Canada, Moving To Bermuda And Selling All Its US Assets In 2007.
TransAtlantic Was Originally Incorporated In Canada In 1985 And Then Moved To Bermuda In 2009. "TransAtlantic Petroleum was incorporated in 1985 under the laws of British Columbia, changed domicile to Alberta, Canada in 1997 and then to Bermuda in 2009." [TransAtlantic Petroleum Ltd. History, accessed 06/05/20]
TransAtlantic Sold Its US Interests In 2007. "In 2007, the Company determined to exit its U.S. operations and focus on the development of its onshore international properties. To that end, TransAtlantic acquired additional exploration licenses in Turkey, converted a portion of its Moroccan reconnaissance license into two exploration permits, relinquished its UK North Sea licenses and sold its U.S. interests." [TransAtlantic Petroleum Ltd. History, accessed 06/05/20]
While SEC Documents Filed Both Before And After The Shareholders Call Claim $626,000 In PPP Funding, TransAtlantic's CEO N. Malone Mitchell Revealed In A June 5, 2020 Shareholder Call That The Company Actually Received At Least $2 Million In PPP Funding.
In An Official SEC Filing Submitted On June 4th, 2020, TransAtlantic Said It Had Borrowed $626,000 Under The Payment Protection Program....
As Part Of Its Official 8-K Filed On June 4th, 2020 To The SEC, The Company Said It Had Borrowed $626,000. "In the second quarter of 2020, we borrowed approximately $626,000 pursuant to the U.S. Paycheck Protection Program (the PPP) to cover certain payroll, benefit, and rent expenses. We have forecast that amounts borrowed or received pursuant to the PPP will be forgiven for cash flow purposes. New guidance on the criteria for forgiveness continues to be released, and we currently expect that a majority of the amounts borrowed will be forgiven and a yet-to-be-determined amount will need to be repaid. Additionally, in the second quarter of 2020, the Turkish government passed legislation permitting employers to reduce the working hours of employees, reducing payroll and benefit expenses, through the end of June 2020. The projected reduction in payroll and benefit expenses due to this Turkish legislation is approximately $360,000. Financial condition Cash flow timing uncertainty" [SEC Accession No. 0001564590-20-028413, 06/04/20, TRANSATLANTIC PETROLEUM LTD.; EX-99.1, 06/05/20]
...The Next Day, June 5th,Their CEO Admitted That The Company Had Actually Received Over $2 Million.
Mitchell Admitted That Because Of All The Companies Borrowed More Than $2 Million, They Would Be Subject To An Audit. "As most of you know, the rules have continued to change from the government. And obviously, there was quite an issue associated with public companies because, of course, according to our legislators, every public company has an infinite access to whatever capital they want. Likewise, they've declared that anybody who took a $2 million or greater loan would be subject to audit. Forgiveness, they expect it would take 5 months if you were not subject to audit. And then they defined $2 million loans as loans aggregated among any parties who own -- who are treated as affiliates. And I may be a little bit wrong, we've got a number of our lawyers and accountants in the room, but I think under any of the classifications, all of our companies together, because of our ownership, will be considered an affiliate. And because all of the companies in combination borrowed over $2 million, we will be subject to an audit. So there is an increased uncertainty about both the time to forgiveness, the amount of forgiveness and being caught up in some political deal that says, you're too big, you have some other access or you're public, that does not make that quite clear as it was in the days where the applications were made and the money was borrowed. So that's an issue certainly." [TransAtlantic Petroleum Ltd Annual Shareholders Meeting June 5th, 2020, accessed 06/12/20]
TransAtlantic Would Submit The Same Filing Again On June 8th, 2020, Stating The Company Had Received $626,000 Under The PPP.
As Part Of Its June 8th, 2020 Filing, TransAtlantic Resubmitted The Same Exhibit Stating It Had Received $626,000 Under The PPP. [SEC Accession No. 0001564590-20-028641, 06/08/20, TRANSATLANTIC PETROLEUM LTD.; EX-99.1, 06/04/20]
On The Same Shareholders Call, The TransAtlantic CEO Admitted It "Had An Amount" They Knew "Would Have To Be Repaid," Suggesting They Had Spent PPP Funding On Things They "Knew Wouldn't Be Allowed Under The Context"
TransAtlantic CEO Mitchell Said "It Is Extremely Likely That We Will Have To Repay A Portion Of That Loan," Suggesting They Had Spent The Money On Non-Payroll Expenses
On A Shareholder Call On June 5th, 2020, Mitchell Said TransAtlantic Had "An Amount That [They] Knew Would Have To Be Repaid "Budgeted To Not Have To Repay" It Was "Extremely Likely" The Company Would Have To Repay The Loan. "In the second quarter, and following to the next point, and this would certainly affect our cash balances. In the second quarter of 2020, we borrowed approximately $626,000 pursuant to the U.S. Paycheck Protection Program, called the PPP. And under that basis, we were allowed, the borrowers, 2.5 months of payroll. We have now completed the early qualifying part of that. Now recently, in the last week, both the House and the Senate have passed amendments to that program, where there's an extended period of time and there may be a little bit different left. It is extremely likely that we will have to repay a portion of that money. For cash flow purposes, we have budgeted to not have to repay what was not -- what we did -- what we knew wouldn't be allowed under the context of when we borrowed it. So we had an amount that we knew would have to be repaid. We have intended to repay that immediately following the application for forgiveness from the PPP." [TransAtlantic Petroleum Ltd Annual Shareholders Meeting June 5th, 2020, accessed 06/12/20]
In Addition To U.S. Government Funding, TransAtlantic Double Dipped In Governmental COVID Bailouts Funds With An Additional $360,000 In Benefits From The Turkish Government
SEC Filings Show TransAtlantic Also Received $360,000 In Payroll And Benefit Expenses From Legislation Passed By The Turkish Government
As Part Of Its Official 8-K Filed On June 4th, 2020 To The SEC, The Company Said Also Benefited To The Tune Of $360,000 From COVID-19 Bailout Legislation Passed By The Turkish Government. "In the second quarter of 2020, we borrowed approximately $626,000 pursuant to the U.S. Paycheck Protection Program (the PPP) to cover certain payroll, benefit, and rent expenses. We have forecast that amounts borrowed or received pursuant to the PPP will be forgiven for cash flow purposes. New guidance on the criteria for forgiveness continues to be released, and we currently expect that a majority of the amounts borrowed will be forgiven and a yet-to-be-determined amount will need to be repaid. Additionally, in the second quarter of 2020, the Turkish government passed legislation permitting employers to reduce the working hours of employees, reducing payroll and benefit expenses, through the end of June 2020. The projected reduction in payroll and benefit expenses due to this Turkish legislation is approximately $360,000. Financial condition Cash flow timing uncertainty" [SEC Accession No. 0001564590-20-028413, 06/04/20, TRANSATLANTIC PETROLEUM LTD.; EX-99.1, 06/05/20]
TransAtlantic's Billionaire CEO Has Been Paid Millions In Compensation While Attempting To Acquire All Of The Company's Shares
TransAtlantic Paid Its CEO And Chairman Of The Board More Than $2 Million In Total Compensation For Each Year Of 2018 And 2019....
In 2019, TransAtlantic CEO And Chairman Of The Board, N. Malone Mitchell, Received A Salary Of $229,082, Stock Awards Totalling $72,409 And Other Compensation Totalling $1,748,265 For A Total Of $2,047,756. [TransAtlantic Holdings Ltd., DEF 14A, 04/20/20]
In 2018, TransAtlantic CEO And Chairman Of The Board, N. Malone Mitchell, Received A Salary Of $276,863, Stock Awards Totalling $50,725 And Other Compensation Totalling $2,101,837 For A Total Of $2,429,425. [TransAtlantic Holdings Ltd., DEF 14A, 04/20/20]
...Even Though He Is Reportedly A Billionaire.
According to Forbes Magazine, Mitchell's Network Was $1.4 Billion In 2011. [Forbes, accessed 06/05/20]
Mitchell Founded The Mitchell Group In 2007. [TransAtlantic Petroleum Ltd. Investor Presentation, accessed 06/05/20]
According To Its Website: "The Mitchell Group (MG) Strongly Believes In The 'Vertigration' Management Control Style And Strategy In Business Operations. Mg Has Adopted This Approach By Layering Exploration, Production And Oil Field Services Under One Company." [Mitchell Group, accessed 06/05/20]
TransAtlantic Petroleum Was Incorporated In Canada And Sold All US Assets And Moved To Bermuda In 2007
Malone Mitchell And The Mitchell Group Offered To Acquire 100% Of TransAtlantic's Shares. "On April 21, 2020, the special committee of the board of directors (the 'Committee') of TransAtlantic Petroleum, Ltd. (the 'Company'") received an unsolicited offer (the 'Offer') from N. Malone Mitchell 3rd, the Company's chief executive officer and chairman of the board of directors, on behalf of a group of the Company's current shareholders (the "Mitchell Group"), to acquire 100% of the Company's outstanding common shares, subject to certain conditions. A copy of the Offer is attached hereto as Exhibit 99.1 and incorporated herein by reference. The Committee is in the process of hiring a financial advisor to assist with its review and evaluation of the Offer and any other offers that might be received. There is no assurance that the Offer will result in a sale of the Company or any other transaction." [TransAtlantic Petroleum Ltd. 8-K, 04/23/20]
...Despite Originally Incorporating In Canada, Moving To Bermuda And Selling All Its US Assets In 2007...
TransAtlantic Was Originally Incorporated In Canada In 1985 And Then Moved To Bermuda In 2009. "TransAtlantic Petroleum was incorporated in 1985 under the laws of British Columbia, changed domicile to Alberta, Canada in 1997 and then to Bermuda in 2009." [TransAtlantic Petroleum Ltd. History, accessed 06/05/20]
TransAtlantic Decided To Exit From The United States In 2007. "From 2005 through 2007, the Company focused on the United States and divesting its Nigerian property, which was sold in 2005. TransAtlantic acquired an exploration license in Morocco, Romania, Turkey, and the UK North Sea during this time. Concurrently, the Company acquired properties in Texas, Oklahoma and Louisiana. In 2007, the Company determined to exit its U.S. operations and focus on the development of its onshore international properties. To that end, TransAtlantic acquired additional exploration licenses in Turkey, converted a portion of its Moroccan reconnaissance license into two exploration permits, relinquished its UK North Sea licenses and sold its U.S. interests." [TransAtlantic Petroleum Ltd. History, accessed 06/05/20]
...With More Than 80 Percent Of Its Employees Located Abroad In Turkey And Bulgaria.
TransAtlantic Has 117 Employees In Turkey, Five In Bulgaria And 25 In Texas. "As of December 31, 2019, we employed 117 people in Turkey, 25 people in Addison, Texas and 5 people in Bulgaria." [TransAtlantic Petroleum Ltd. 10-K, 03/25/20]
TransAtlantic's Oil Is Mostly Produced In Turkey And Sold To Turkish Entities
According To TransAtlantic, Nearly 98% Of Its 2019 Revenues Came From Oil Sold To A Turkish Entity, TUPRAS. "During 2019, 78.5% of our oil production, which is U.S. Dollar indexed, was concentrated in the Selmo and Bahar oil fields in Turkey. TUPRAS purchases substantially all of our oil production. During 2019, we sold $65.8 million of oil to TUPRAS, representing 97.7% of our total revenues. We sell all of our Southeastern Turkey oil to TUPRAS pursuant to a domestic crude oil purchase and sale agreement. Under the purchase and sale agreement, TUPRAS purchases oil produced by us that is delivered to TPAO's Batman tanks from which it is pumped to a TUPRAS vessel at the Dortyol plant via the national pipeline operated by BoruHatlari ile Petrol Tasima A.S. ("BOTAS"). [...] No other purchasers of our oil accounted for more than 10% of our total revenues." [TransAtlantic Petroleum Ltd. 10-K, 03/25/20]
During 2018 and 2019, TransAtlantic Sold $65.8 Million And $68.2 Million Of Oil To TUPRAS, A "Privately-Owned Oil Refinery In Turkey." "During the years ended December 31, 2019 and 2018, we sold $65.8 million and $68.2 million, respectively, of oil to Turkiye Petrol Rafinerileri A.S. ("TUPRAS"), a privately-owned oil refinery in Turkey, which represented approximately 97.7%, and 96.4% of our total revenues, respectively." [TransAtlantic Petroleum Ltd. 10-K, 03/25/20]
"During 2019, Substantially All Of Our Oil Production Was Concentrated In Southeastern Turkey..." [TransAtlantic Petroleum Ltd. 10-K, 03/25/20]
Accountable.US is a nonpartisan watchdog that exposes corruption in public life and holds government officials and corporate special interests accountable by bringing their influence and misconduct to light. In doing so, we make way for policies that advance the interests of all Americans, not just the rich and powerful.
The man has been charged with one misdemeanor count of driving under the influence and two felony counts of reckless child endangerment.
Newly released body camera footage shows a Florida man claiming to be a federal immigration enforcement official racially profiling a police officer who pulled him over on the highway for drunk driving.
The footage, which was published on Thursday by YouTube account "The CrimePiece," shows the arrest of 42-year-old Miami resident Scott Thomas Deiseroth, who was pulled over by officers from the Monroe County Sheriff's Office on August 13.
The footage begins with the officer who pulled Deiseroth over asking him for his identification and asking him if he knew his current location.
Deiseroth reacted belligerently to the officer's questions and told him that he was a federal agent who worked for the Department of Homeland Security. As reported by local news station CBS 12, the Monroe County Sheriff's Office website at one point listed his occupation as an Immigration and Customs Enforcement (ICE) officer.
Deiseroth also told the officer that he was simply trying to get home and informed him that he had his two young sons with him riding in the backseat.
The officer then asked Deiseroth to step out of his car, to which Deiseroth replied, "Are you fucking serious right now?"
After exiting the vehicle, Deiseroth continued to exhibit hostility to the officer's questions, and he repeatedly demanded to know, "Are we really doing this right now?"
The officer then asked him how much he'd had to drink, and Deiseroth replied that he'd had four drinks, without specifying the nature of those drinks.
"Are you guys really trying to fuck me right now?" Deiseroth asked.
The officer informed Deiseroth that he could smell alcohol on him and he wanted to ensure that he was capable of safely driving his vehicle home.
The officer proceeded to administer field sobriety tests. During the tests, another officer came over to ensure that Deiseroth did not stumble while trying to walk a straight line along the side of a busy highway.
Deiseroth then questioned why the second officer, who was Black, was there, and the officer informed him that it was to prevent him from getting hit by oncoming traffic.
Deiseroth responded by repeatedly asking the officer, "Are you Haitian?"
Deiseroth was then informed by the officer administering the sobriety test that "it doesn't matter" where the other officer was from or his heritage.
"Yes it does," Deiseroth replied.
After failing the sobriety tests, Deiseroth was placed in handcuffs and informed that he was being placed under arrest. He then pleaded with the officers to not take him to prison and asked what they were going to do with his two children.
Later, after Deiseroth had been placed in the back of a police car, the officers informed him that his sons' mother—with whom Deiseroth had said earlier he was going through a divorce—would pick up the two children at the police station.
He repeatedly demanded that he be allowed to see his children before being taken to the police station, but the officers did not grant his request.
"Let me see my kids!" he demanded at one point.
"Brother, I really do not want them to see you in the way you're in right now," the officer replied.
Records at the Monroe County Sheriff's Office show that Deiseroth was subsequently charged with one misdemeanor count of driving under the influence and two felony counts of reckless child endangerment.
A request to the Florida State Attorney's Office in Monroe County to confirm Deiseroth's employment status at the time of the arrest was not returned by press time. The criminal case is pending.
"For the first time," said one human rights advocate, "there are witnesses to what he tries to pass off as acts of war but are really murders which the International Criminal Court may be able to prosecute."
This is a developing story… Please check back for updates…
Multiple media outlets reported Friday that the US military is holding two survivors of President Donald Trump's sixth known strike on a boat in the Caribbean—bombings he claims are targeting drug smugglers and which critics argue are blatantly illegal.
Reuters was the first to report the news of survivors detained after a Thursday strike, citing several unnamed sources. According to the outlet, "Five sources familiar with the matter said the US military staged a helicopter rescue to pick up the survivors of the attack and bring them back to the US warship."
The Associated Press confirmed the development, citing two unnamed sources who said there were survivors brought to a Navy ship. The outlet added that "the survivors of this strike now face an unclear future and legal landscape, including questions about whether they are now considered to be prisoners of war or defendants in a criminal case."
The Intercept also spoke with two government sources who said that survivors are being held on a warship. Brian Finucane, a former State Department lawyer who is a specialist in counterterrorism issues and the laws of war, told the outlet, "Given that there is no armed conflict, there is no basis to hold these survivors as law of war detainees."
"The Trump administration is already using a make-believe armed conflict to kill people," Finucane added. "Will it also use this make-believe armed conflict to detain people as well?"
The White House and Pentagon haven't commented on the reporting, which comes amid broader alarm about the Trump administration's push for regime change in Venezuela. However, human rights advocates, Democrats in Congress, legal scholars, and other critics have condemned all of Trump's boat bombings—which have killed at least 27 people—as murders.
This is the first reported case of survivors. Former Human Rights Watch executive director Kenneth Roth said Friday, "For the first time, some people survive a Trump-ordered strike on a boat in the Caribbean, meaning there are witnesses to what he tries to pass off as acts of war but are really murders which the International Criminal Court may be able to prosecute."
The indictment has been condemned as part of the president's crackdown on his "enemies list," but some legal experts are also highlighting how the case differs from those of Letitia James and James Comey.
While critics of John Bolton have long called for him to be tried at the International Criminal Court, the federal indictment of President Donald Trump's ex-national security adviser on Thursday is generating widespread alarm.
Bolton surrendered at a courthouse in Greenbelt, Maryland Friday morning after a federal grand jury returned an indictment charging him with violating the Espionage Act—specifically 18 counts of unlawfully retaining and transmitting national defense information. If convicted, he could spend the rest of his life in prison. He has pleaded not guilty.
When former Federal Bureau of Investigation Director James Comey was indicted last month, Trump pledged that "there'll be others." Then Democratic New York Attorney General Letitia James—who successfully prosecuted the president for financial crimes—was indicted last week. Critics accuse Trump of weaponizing the US Department of Justice (DOJ) against his enemies.
Some of the reactions to Bolton's indictment were similar, including from the 76-year-old himself, who served in not only Trump's first term but also the Reagan and both Bush administrations. He said in a lengthy statement that "Donald Trump's retribution" against him began when he resigned from the president's first administration and began publicly criticizing him.
"Now, I have become the latest target in weaponizing the Justice Department to charge those he deems enemies with charges that were declined before or distort the facts," Bolton said. "These charges are not just about his focus on me or my diaries, but his intensive efforts to intimidate his opponents, to ensure that he alone determines what is said about his conduct."
"Dissent and disagreement are foundational to America's constitutional system, and vitally important to our freedom," added Bolton, a longtime advocate of regime change in other countries. "I look forward to the fight to defend my lawful conduct and to expose his abuse of power."
Bolton's lawyer is Abbe Lowell, who is also representing James and Lisa Cook, whom Trump is trying to oust from the Federal Reserve's Board of Governors. His former clients include the president's daughter, Ivanka Trump, and her husband, Jared Kushner. Lowell said that "like many public officials throughout history, Ambassador Bolton kept diaries—that is not a crime."
Co-chairs of the Not Above the Law coalition—Praveen Fernandes of the Constitutional Accountability Center, Kelsey Herbert of MoveOn, Lisa Gilbert of Public Citizen, and Brett Edkins of Stand Up America—connected Bolton to James and Comey in a Friday statement:
Three indictments in three weeks. Three Trump critics. Three prosecutions designed to intimidate anyone who dares challenge this president. Three people who were on Trump's "enemies list." The pattern is undeniable: Speak out against Trump, become a target of the DOJ.
The message from this administration couldn't be clearer: Loyalty gets rewarded, dissent gets investigated. While Trump's handpicked prosecutors work overtime delivering indictments against his critics, actual threats to American safety go unaddressed.
A Department of Justice that acts in service of presidential revenge rather than public safety threatens democracy itself. This isn't just about Bolton—it's a warning shot to every American that dissent now comes with the threat of prosecution.
Congress has a constitutional duty to intervene, restore DOJ independence, and end this dangerous abuse of law enforcement before more lives are destroyed for political purposes.
However, University of Alabama law professor and former US attorney Joyce Vance argued on Substack Friday that the Bolton indictment "is entirely different" from those against Comey and James in the Eastern District of Virginia, pointing out that "the US attorney in Maryland is a career prosecutor. But she didn't go into the grand jury to obtain the indictment. It's signed off on by two senior prosecutors in her office as well as lawyers from DOJ's National Security Division."
"Instead of the factually deficient indictments we've seen in the other cases, this is the sort of detailed indictment we are used to seeing in a serious matter," she highlighted. "There is undoubtedly truth to the allegation that Donald Trump wanted Bolton prosecuted. But the intervening layer of professional prosecutors here, people who assessed the case and the evidence and decided there was enough to move forward, may make it difficult to win a selective prosecution argument."
"In the Comey and James cases, experienced prosecutors declined to bring the cases, and the US attorney sacrificed his job for principle. The cases were only brought because Trump dropped in a loyalist to replace him," Vance added. "Here, unless Bolton has some evidence that these prosecutors did not proceed professionally, he may not have a winnable legal argument."
CNN's Aaron Blake published a similar analysis early Friday. Blake also noted that in 2020, US District Judge Royce Lamberth, a Reagan appointee, "ruled in Bolton's favor in a civil case stemming from a dispute with the Trump administration over the publication of Bolton's book. But Lamberth otherwise excoriated Bolton for his handling of classified information."
Meanwhile, Chip Gibbons, policy director of Defending Rights & Dissent, used Bolton's indictment to call for broader reforms on Friday. He began by noting that "John Bolton is an unrepentant war criminal and one of most odious national security hawks in Washington. As part of his antipathy for press freedom, whistleblowers, and anyone who challenges the national security state, he called for both Chelsea Manning and Edward Snowden to be executed for exposing abuses of power by our government."
"Similarly, he called for journalist Julian Assange to get 'at least 176 years in jail' for publishing truthful information about US war crimes," Gibbons explained. "Now, Bolton, like Manning, Snowden, and Assange has been indicted under the Espionage Act."
"We at Defending Rights & Dissent were one of the leading voices in Washington in support of Manning, Snowden, and Assange. And we remain the leading voice on reforming the Espionage Act so it can no longer be used to prosecute courageous whistleblowers and journalists," he said. "As part of our reform proposal, we advocated the Espionage Act be amended to require the government to prove a defendant intended to harm the national security of the US."
"Nothing in the indictment of Bolton indicates the government believes Bolton had that level of intent," Gibbons stressed. "As a result, we do not believe Bolton should be indicted under the Espionage Act. This is the same position we took regarding Donald Trump, who himself has been responsible for abusing the Espionage Act to silence journalists and whistleblowers."
"The Espionage Act is an overly broad, archaic law. As a result, it is ripe for selective, politically motivated enforcement. It is for these reasons that Bolton championed it as a tool for political persecutions against whistleblowers and journalists. And it is for this reason the Trump administration has chosen it as a tool for their petty retaliation against a national security hawk who shares much of their views on the use of the Espionage Act," he concluded. "Enough is enough. It is well past time to reform the Espionage Act once and for all."