A Maryland grand jury handed up an 18-count indictment against former Trump national security adviser John Bolton yesterday. The indictment charges Bolton with eight counts of transmission of national defense information (NDI) and 10 counts of unlawful retention of NDI.
The Department of Justice has posted statements in the form of a press release. The release specifies:
The indictment alleges that Bolton illegally transmitted NDI by using personal email and messaging application accounts to send sensitive documents classified as high as Top Secret. These documents revealed intelligence about future attacks, foreign adversaries, and foreign-policy relations.
The indictment also alleges that Bolton illegally retained NDI documents within his home. These documents included intelligence on an adversary’s leaders as well as information revealing sources and collections used to obtain statements on a foreign adversary.
Bolton is alleged to have written up “diary-like entries” containing classified information he received as national security adviser and transmitted it to by email or messaging applications to “Individuals 1 and 2” (reportedly his wife and daughter). Paragraph 14 at page 6 alleges that a foreign actor gained access to his email account:
At some point between when BOLTON left government service in September 2019 and July 2021, a cyber actor believed to be associated with the Islamic Republic of Iran hacked BOLTON’s personal email account and gained unauthorized access to the classified and national defense information in that account, which BOLTON had previously emailed to Individuals 1 and 2 while he was the National Security Advisor. A representative for BOLTON notified the U.S. Government of the hack in or about July 2021, but did not tell the U.S. Government that the account contained national defense information, including classified information, that BOLTON had placed in the account from his time as National Security Advisor. Nor did BOLTON’ representative tell the U.S. Government that BOLTON had shared some of that national defense information, including classified information, with Individuals 1 and 2 via personal email and a nongovernmental messaging application.
See also paragraphs 55-59 at pages 16-17.
In paragraph 49 at page Bolton is alleged to have sent Individuals 1 and 2 more than a thousand pages of notes memorializing his time as national security adviser.
Bolton’s anti-Trump memoir plays a part in the chain of events leading to the indictment. See paragraphs 50-54 of the indictment at pages 15-16.
The 18 counts of the indictment specify the documents involved at pages 20-23 of the indictment. Bolton is alleged to have violated 18 U.S.C. § 793 (d) and (e) of the Espionage Act relating to the dissemination and retention of national security information that could damage the United States.
Politico’s story on the indictment includes a statement from former Hunter Biden attorney Abbe Lowell, now representing Bolton:
“The underlying facts in this case were investigated and resolved years ago. These charges stem from portions of Amb. Bolton’s personal diaries over his 45-year career — records that are unclassified, shared only with his immediate family, and known to the FBI as far back as 2021,” Bolton’s attorney Abbe Lowell said in a statement.
“Like many public officials throughout history, Amb. Bolton kept diaries — that is not a crime. We look forward to proving once again that Amb. Bolton did not unlawfully share or store any information,” Lowell added.
National Review’s story quotes Bolton’s own statement on the indictment:
“Now, I have become the latest target in weaponizing the Justice Department to charge those he deems to be his enemies with charges that were declined before or distort the facts,” Bolton said.
“When my e-mail was hacked in 2021, the FBI was made fully aware. In four years of the prior administration, after these reviews, no charges were ever filed. Then came Trump 2 who embodies what Joseph Stalin’s head of secret police once said, ‘You show me the man, and I’ll show you the crime,’” he added.
“These charges are not just about his focus on me or my diaries, but his intensive effort 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. I look forward to the fight to defend my lawful conduct and to expose his abuse of power,” Bolton said.
A copy of the indictment is embedded below.
Indictment of John Bolton in classified documents case by Scott Johnson