Former U.S. national security adviser John Bolton has agreed to plead guilty to a charge of unlawfully retaining classified information under a deal with the Justice Department that could spare him from prison, according to a person familiar with the matter.

The deal would resolve a criminal case filed in October that charged Bolton with 18 counts of either retaining or disseminating classified information, including diary-like notes from his time in government that officials say he shared with family members as he was preparing a memoir about his career.

Under the agreement, Bolton would also face a $2.25 million fine, said the person, who insisted on anonymity to discuss a deal that had not been made public. Any prison sentence would be capped at five years, but the agreement could also allow for him to avoid time behind bars. The punishment will ultimately be up to a judge.

The case against Bolton, filed weeks after prosecutors secured indictments against former FBI Director James Comey and New York Attorney General Letitia James, unfolded against the backdrop of concerns that the Justice Department is using its law enforcement powers to pursue perceived adversaries of President Donald Trump. The investigation burst into public view last August when FBI agents served search warrants at his Maryland home and Washington office, but it had been well underway by the time Trump returned to the White House in January 2025.