The US Justice Department has reopened its investigation into Donald Trump’s former National Security Adviser John Bolton — this time digging into whether he broke federal laws by sharing classified information without proper authorisation, according to a CNN report published recently. The renewed interest brings fresh attention to a 2020 probe that was once closed under the Biden administration. Here’s a breakdown of what had happened at the time, and what it could mean now.
What Triggered the 2020 Investigation?
The original investigation centered on Bolton’s memoir ‘The Room Where It Happened’, which detailed his time at the White House during Trump’s first term in office. A person familiar with the 2020 case told CNN that the FBI found emails showing Bolton was working on the book while still in office and had shared portions of the draft with people not cleared to access classified material at the time.
Those early drafts in question reportedly contained content restricted by federal classification laws, which in turn sparked concern among Trump administration officials.
Bolton and his lawyer are yet to comment on the resurfaced FBI emails.
Why the Case Was Dropped Under Biden
Soon after President Joe Biden took office, federal prosecutors dropped both the criminal investigation and a separate civil lawsuit, choosing not to press charges against Bolton.
Some observers had expressed worry at the time that the probe might have been politically motivated, given the public fallout between Bolton and Trump.
According to CNN, evidence presented in the civil case suggested that career officials in charge of reviewing Bolton’s manuscript had initially planned to approve its release, before political appointees stepped in to halt it.
The legal fight ultimately came down to one key issue – that Bolton went ahead anyway and published his book without what some say was a necessary final written clearance.
The Pre-Publication Review Dispute
Like all former national security officials, Bolton was required to submit his manuscript for pre-publication review to ensure that no classified information was released, experts say. While he did submit the draft through his attorney Charles Cooper, court documents show Cooper told the National Security Council (NSC) review team that Bolton didn’t believe the book contained any classified material.
The NSC review team disagreed and subsequently began working with Bolton to edit the text. However, reports suggest that they never gave written confirmation that the book was cleared. Two days before the book hit stores, an NSC lawyer had said at the time that classified content still remained in the draft, per CNN.
Why the DOJ’s Attempt to Block the Book Failed
In a rare move, the Justice Department aske a federal court to block the book’s release. However, Judge Royce Lamberth declined while citing First Amendment protections and the fact that the book was already in circulation.
Still criticising Bolton’s actions, Judge Lamberth had reportedly written at the time, “Bolton likely jeopardised national security by disclosing classified information in violation of his nondisclosure agreements. Even if Bolton operated out of an abundance of caution in submitting his manuscript for review, the very existence of his caution leads to a fair inference that Bolton was less than certain as to the status of the manuscript.”
What’s Different Now?
Cut to this date, it remains unclear what new information — if any — led to the DOJ reopening the case. US media reports suggest the 2020 criminal grand jury never filed charges, and that the Biden administration dropped the matter without paving the way for Lamberth to rule definitively on the evidence.
When the case was closed, Bolton’s legal team had claimed that the government had “tacitly acknowledged that President Trump and his White House officials acted illegitimately.”
What Was in the Book?
Bolton’s memoir — released in June 2020 — contained bombshell allegations, including claims that Trump:
- Had asked China for help in winning the 2020 presidential election
- Had once suggested that Venezuela was part of the US
- Had offered to intervene in foreign criminal cases
- Was mocked by his senior officials behind his back
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