The Just Security Podcast

What Just Happened: John Bolton Search Warrants

11 snips
Aug 26, 2025
Mary McCord, an expert in national security law and former Acting Assistant Attorney General, and Zachary Myers, a cybersecurity lawyer and former U.S. Attorney, delve into the controversial search of John Bolton's properties. They dissect the implications of executing search warrants in such high-profile cases. The duo navigates the balance between national security and public transparency, emphasizing the complexities of prosecuting sensitive information mishandling and the risks involved. Their discussion illuminates the ethical pressures faced by the Justice Department amid political tensions.
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INSIGHT

Search Warrants Require Probable Cause

  • A federal search warrant requires an affiant's sworn affidavit and judicial probable cause review.
  • Two judges likely approved separate warrants for Bolton's D.C. office and Maryland residence.
INSIGHT

Affidavits Must Be Fresh And Coordinated

  • Affidavits must show evidence will be at the search location and avoid staleness.
  • National Security Division normally coordinates and approves classified-related warrants.
INSIGHT

Intelligence Agencies Limit Prosecutions

  • Intelligence agencies weigh prosecution against harms to sources and methods.
  • If a prosecution would confirm highly damaging intelligence, agencies may forbid court disclosure.
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