CRBC News

Bolton Case Faces Long Pretrial Road as Classified-Information Review Slows Timeline

John Bolton’s federal case over alleged mishandling of classified material will proceed on a lengthy CIPA-driven timetable, with a May discovery deadline and additional proceedings stretching into the summer and fall. Bolton faces eight counts of transmitting national defense information and 10 counts of retaining it; his defense says prosecutors must justify classification of his diary-like entries line by line. The judge approved the extended schedule after confirming the defense’s consent was voluntary, and prosecutors left open the possibility of additional charges.

Former national security adviser John Bolton is unlikely to face trial soon as a federal judge approved a drawn-out pretrial schedule driven by the handling of classified material.

At a hearing on Friday, U.S. District Judge Theodore Chuang declined to set a trial date in the case alleging mishandling of classified information. Instead, he signed off on a CIPA-driven timetable that is expected to extend into next fall, reflecting the complex review and protective procedures required when sensitive intelligence material is at issue.

Charges and central issues

Bolton is charged with eight counts of transmitting national defense information and 10 counts of retaining it. Prosecutors say the allegations center on "diary-like entries" Bolton shared with relatives recounting his day-to-day duties as an adviser and on classified documents the government alleges he kept after leaving his White House post.

Why the case is moving slowly

Proceedings that hinge on classified materials follow the Classified Information Procedures Act (CIPA), which sets out a different discovery path from ordinary criminal cases. Under CIPA, the government can seek deletions, summaries or stipulations to limit the classified material disclosed to the defense, and intelligence agencies often must review materials before defense counsel may see them.

“I’m still not understanding why it takes seven months,” Judge Chuang said while pressing prosecutors on the proposed timeline.

Prosecutors said the intelligence community review, coupled with work by a separate "filter team" to identify potentially privileged material, requires months of careful, line-by-line evaluation. The schedule the court approved sets a May deadline for completing discovery and filing any motions under CIPA Section 4, with additional CIPA obligations — including notices and hearings about any intended classified-disclosure defenses — stretching through the summer and culminating in an October status conference.

Defense position and consent

Abbe Lowell, one of Bolton’s attorneys, acknowledged this is "not the typical" Espionage Act prosecution and described the defense's need to see precisely how prosecutors will classify specific lines in Bolton’s private writings. Lowell told the court that Bolton "totally agrees" the classified issues justify delaying a speedy trial, and Judge Chuang verified that the defense’s consent to the schedule was voluntary and not coerced.

Other developments and context

Prosecutors also indicated additional charges could be filed as the government continues to review evidence. Thomas Sullivan, the lead prosecutor, said "potential other charges" may be added if warranted.

The pace contrasts with other high-profile prosecutions that have moved faster, including matters in the Eastern District of Virginia — often called the "Rocket Docket" for its brisk schedules — where different discovery rules and lower classified-material burdens can produce quicker timelines. Still, cases involving classified records historically take longer to resolve, as shown in other Espionage Act–related matters.

With a lengthy CIPA process now in motion and potential supplemental charges possible, Bolton’s path to trial remains uncertain and is likely to extend well beyond the coming months.

Similar Articles