FBI Found Classified Docs in Bolton’s Office

In Trump’s first term, Bolton faced a lawsuit claiming he included classified information in a book he wrote after leaving the administration. A federal judge warned publicly that the former White House official’s actions might have been criminal. However, a Justice Department probe did not lead to charges and was eventually dropped under the Biden administration in 2021.

It’s not known when the investigation restarted. Court filings indicate that investigators determined that Bolton’s AOL email account was hacked by a foreign entity, although details of the alleged hack and how the U.S. became aware of it remain unclear.

Redacted court filings related to the Washington search were released by Justice Department lawyers after several news organizations, including POLITICO, filed a formal motion asking for disclosure of the records. DOJ attorneys agreed to make public redacted versions of the inventory, search warrant and accompanying affidavit, but resisted blanket release of the information, citing a need to protect a national security investigation.

“Secret” is the middle of three major tiers of U.S. national security classification, intended to cover information expected to cause serious damage if disclosed. “Confidential” is the lowest tier, covering information that could cause some damage to national security if released. “Confidential” is often used for routine diplomatic communications.

Lowell did not address whether the documents had been marked as declassified, as is typical practice. The FBI’s inventory doesn’t include such details.

U.S. Magistrate Judge Moxila Upadhyaya approved the search warrant for Bolton’s office. She is the same magistrate judge who received a grand jury’s indictment of Donald Trump in 2023 for election interference and presided over his arraignment.

Special counsel Jack Smith charged Trump for hoarding classified materials at his Mar-a-Lago estate after leaving office in 2021 — a case considered to be the gravest threat to Trump until his victory in the 2024 election. Trump faced 32 counts of one of the offenses under investigation in the Bolton probe: unauthorized retention of classified information in violation of the Espionage Act. A federal judge in Florida eventually dismissed the case, citing legal flaws in Smith’s appointment.

Joe Biden also faced a criminal inquiry for his own collection of classified documents at his Delaware home, only for special counsel Robert Hur to conclude a jury would be unlikely to convict him for the offense.

Trump has long derided Bolton — after a stint as his handpicked adviser — for being a “warmonger.” Bolton’s defenders have worried that the FBI searches of his home and office were part of Trump’s public calls for retribution against his adversaries.