Why the “Personal Notes” Defense May Fail
Bolton is expected to argue that his notes were personal reflections, not government property. But legal experts point out that under Executive Order 13526 and Title 18 §793, information is classified based on content and origin, not ownership of the paper it’s written on.
That means once Bolton memorialized intelligence briefings or covert actions—even in shorthand—they became government records protected by law. His nondisclosure agreements, which he signed multiple times, explicitly barred him from “ever divulging classified information without prior written authorization.”
As a result, the “my notes are personal” argument is almost certain to collapse under scrutiny.
Bolton’s Own Words Come Back to Haunt Him
The indictment’s most devastating section recites Bolton’s past media interviews condemning others for the same conduct.
In 2017 he said:
“If I had done at the State Department what [a senior official] did, I’d be imprisoned right now.”
In 2025, months before his own indictment, he told a reporter:
“You simply don’t use commercial means of communication… there’s no excuse for it.”
Those statements are likely to appear in prosecutors’ closing argument to show willfulness and knowledge of wrongdoing.
