Bolton's legal team does not want him to fear dying in prison, requesting probation

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ANALYSIS: BOLTON LEGAL TEAM SENTENCING MEMO - PROBATION NOT JAIL TIME

-62 page memo argues, 'Ambassador Bolton
@AmbJohnBolton
should never have to fear he will die in prison'

+135 Letters of Support

- 'Bolton has accepted responsibility for his conduct and worked cooperatively with DOJ, the FBI and the Intelligence Community..'

- Bolton's four decades of government service including UN Ambassador and National Security Adviser

ARGUES DOUBLE STANDARD: Bolton legal team memo CITES similar high profile cases that resulted in probation

- Former Bill Clinton National Security Adviser Sandy Berger was 'sentenced to 2 years’ probation, 100 hours of community service, and a $50,000 fine

- Berger unlawfully retained and removed 'highly classified documents (related to the 9/11 Commission's investigation of al Qaeda) from the National Archives and deliberately destroying some of them...

- 'In the case of former CIA Director David Petraeus, the court imposed a sentence of 2 years’ probation and $100,000 fine for providing classified military information to a biographer with whom he was having an affair....'

- Bolton legal team says Berger and Petraeus cases establish a precedent and argue for leniency in the former National Security Adviser's case

CITE MITIGATING FACTORS:

- Bolton diaries 'reflect his effort to create a clear records for history, not an effort to subvert U.S. National Security'

- 'Bolton did not disseminate National Defense Information to the public at large, the press, or a foreign adversary...'

- Federal Bureau of Prisons 'cannot adequately protect Ambassador Bolton from the real, ongoing assassination threats by Iran and its proxies'

BOLTON LEGAL TEAM BOTTOM LINE:

- 'A probationary sentence would allow Ambassador Bolton to continue to serve the nation he loves, and that he has fought to defend and protect his entire life, while ensuring he is punished, but “not greater than necessary.” '

TIMING: In June, John Bolton pleaded guilt to one count of willfully retaining national defense/classified information.

This resolved an 18-count indictment.

Bolton had shared diary like notes with family members via email and secure APPs in preparation for his bestselling memoir, 'The Room Where It Happened' about his experience in the Trump White House.

Bolton's email was later hacked.

Fine: $2.25 million (half due within five days of sentencing; the balance within 90 days).

Bolton's sentencing is scheduled for early December.

NOTE: Separate Post Analyzes the Justice Department's Sentencing Recommendation For Prison

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