Although the Department of Justice has a long history of successful legal action against CIA agents and others who disclose public security secrets, cases outside the arena are few and far between, involving law enforcement personnel and leaking sensitive information regarding pending investigations.
Many former White House assistants have published memoirs, with no legal consequences. There is no known case of a First Lady adviser having legal consequences for disclosing information learned in the White House.
In the case against Winston Wolkoff, it is alleged that she signed her ‘duty of trust’ and a non-disclosure agreement she signed in August 2017 with a contractor in the White House by publishing the book.
The one-page court dismissing the case gave no explanation for the department’s withdrawal.
A DOJ official offered only a brief comment on the move. “The department evaluated the case and concluded that dismissal without prejudice was in the best interests of the United States, based on the facts and the law,” said the official who asked not to be named.
Some former Justice Department officials and outside attorneys have said the case is unwise because it threatens to result in legal rulings that could undermine the department’s litigation position in more serious cases. The case did not cite any legislation that protected the information in question or authorized the White House to sign contracts such as the one with Winston Wolkoff, although President Donald Trump has a long history of campaigning against officials, Trump organizational staff and his personal assistants. to require.
Winston Wolkoff and her attorneys did not immediately respond to requests for comment on the department’s decision to reverse the course.
While the Biden government has appointed certain acting officials to run the Department of Justice until Biden nominees are confirmed, so far only four nominees have been announced and no one has even been scheduled for a trial, including the nominated Attorney General. Merrick Garland. The notice was filed Monday under the leadership of Brian Boynton, who has been acting acting head of the department’s civil division since shortly after Biden was sworn in.
The case against Winston Wolkoff was filed last October under the then acting head of the Civil Division, Jeffrey Clark. The previously little-known Clark appeared in the news last month when the New York Times reported that he was involved in talks with President Donald Trump to take over the leadership of the department to give his official support to efforts in Georgia to to reverse election. results there.
The extraordinary plan to expel the top officials of the Department of Justice and replace them with Clark was never carried out. He disputed unspecified aspects of press releases on the issue, but said he was excluded by the lawyer’s client’s privilege of providing further details.