The Trump administration’s Department of Justice appears poised to face a setback in its prosecution of John Bolton, the former national security advisor, over the handling of classified materials in his memoir. Bolton recently entered a plea agreement with federal prosecutors, signaling a likely resolution that avoids prison time.
According to legal experts, the Department of Justice will probably consider Bolton’s case a loss if he receives a sentence limited to probation or a suspended sentence, as comparable cases involving former officials have resulted in similar penalties. These precedents, including fines and probation for related offenses, are likely to influence the presiding judge’s decision.
Former deputy assistant attorney general Tom Dupree noted that judges weigh prior cases heavily when determining sentences in national security-related prosecutions. The Justice Department’s push for incarceration in Bolton’s case contrasts with recent rulings where defendants in similar circumstances served no prison time. If Bolton’s sentence indeed consists only of probation, sources say the DOJ may view it as an unsatisfactory outcome.
Bolton’s plea deal adds to a pattern of high-profile disputes between the Trump DOJ and political adversaries, highlighting the challenges of securing harsh penalties for classified material violations by former government officials.