Eight Counts of Transmission
Counts 1–8 charge Bolton under 18 U.S.C. §793(d) for willfully transmitting national defense information to unauthorized persons. Each carries up to 10 years in federal prison.
| Count | Date | Subject Matter (per indictment) | Classification |
| 1–2 | Sept 23 & Nov 23 2018 | Future attacks by an adversarial group; liaison intelligence shared by a partner nation | TOP SECRET / SECRET NOFORN |
| 3 | Jan 13 2019 | Missile launch plans; covert actions; HUMINT sources | TOP SECRET HCS ORCON |
| 4 | Jun 2 2019 | Adversary’s knowledge of U.S. actions; covert ops; SIGINT & HUMINT methods | TOP SECRET SI HCS REL USA GBR |
| 5 | Jul 6 2019 | Foreign leader intelligence | TOP SECRET SI HCS NOFORN |
| 6 | Aug 18 2019 | Covert interactions between a foreign ally and an adversary | TOP SECRET SI HCS NOFORN |
| 7 | Sept 8 2019 | U.S. covert action plan; confirmation of foreign attack responsibility | TOP SECRET SI HCS NOFORN |
| 8 | Sept 15 2019 | Joint U.S.–ally covert operation details | TOP SECRET HCS NOFORN |
Ten Counts of Retention
Counts 9–18 charge him under 18 U.S.C. §793(e) for willful retention of classified national defense materials. FBI agents allegedly recovered hard-copy and electronic versions of the same “diary” files during an August 22, 2025 search of his Montgomery County residence.
Those files contained intelligence on missile programs, human assets, and covert U.S. operations, all of which Bolton had no authority to store after his home SCIF was decommissioned in 2019.
Each retention count also carries up to 10 years, meaning Bolton faces a maximum theoretical exposure of 180 years imprisonment—not including potential enhanced penalties if prosecutors prove his disclosures directly endangered lives or aided foreign adversaries.
Under the most severe Espionage Act provisions, if the transmission “results in the death of an agent or harm to national security,” the defendant may face life imprisonment or the death penalty.
