FBI probes whether Iran envoy Malley committed crimes in handling of classified info

The FBI is investigating whether the Biden administration’s Iran envoy, Rob Malley, moved classified information onto his personal email, where it may have fallen into the hands of a foreign actor, according to a person briefed on the case and a letter from Republican lawmakers.

Investigators are trying to determine if any crimes were committed, according to the person briefed on the case and another person familiar with the matter. But it is not yet clear if the Department of Justice will bring any charges against Malley or what the scope of any charges might be. The people were granted anonymity to discuss a highly sensitive issue.

Malley, who declined to comment, has denied any wrongdoing. The insights from the letter and from the people with whom POLITICO spoke — including that a criminal inquiry is underway — add new details to prior reports that Malley’s handling of classified information was at issue.

Such cases are frequently murky and can take months, even years, to sort through, with the targets themselves often kept in the dark about what investigators are looking for or have found. And the question of whether Malley acted intentionally or mistakenly, if he is found to have done anything inappropriate, could also make a difference in what the Department of Justice decides.

The FBI declined to comment, saying it could “neither confirm nor deny conducting specific investigations.” The Justice Department did not respond to a request for comment.

Malley’s security clearance was suspended roughly a year ago, and he later went on full-time leave. As President Joe Biden’s envoy for Iran issues, Malley’s position included trying to revive the nuclear deal the United States and other nations had struck with Tehran. Iran hawks, many of whom view Malley as too soft on Tehran, have used the investigation into him to attack Biden’s policies toward Iran.

In response to queries from POLITICO, a State Department spokesperson said Malley was still on leave and defended its approach to questions about the situation from members of Congress, where Republicans in particular have been demanding more details. But the spokesperson also made clear the department would have little to say overall.

“Under long-standing policy, the department does not comment on individual security clearances. Nevertheless, the department has provided Congress with relevant information on personnel inquiries relating to Iran policy,” said the spokesperson, who was granted anonymity to discuss internal personnel issues. “We have been and will continue to be in frequent contact with Congress on issues pertaining to Iran.”

Rep. Mike McCaul (R-Texas), chair of the House Foreign Affairs Committee, and Sen. Jim Risch of Idaho, the top Republican on the Senate Foreign Relations Committee, wrote a letter this week to Secretary of State Antony Blinken seeking more information.

In the letter, the pair wrote that they have come to “understand” that Malley “allegedly transferred classified documents to his personal email account and downloaded these documents to his personal cellphone.” The letter continues: “It is unclear to whom he intended to provide these documents, but it is believed that a hostile cyber actor was able to gain access to his email and/or phone and obtain the downloaded information.”

The letter, dated Monday, was first reported by The Washington Post; POLITICO later obtained a copy.

McCaul and Risch did not detail how they’d learned about the allegations they laid out other than to say it was through “our own investigations.”

Classified information systems are kept separate from regular systems in the State Department, where Malley was based, and the letter did not describe what method Malley allegedly would have used to transfer classified information.

The person briefed on the case and the person familiar with the matter confirmed that authorities have been investigating allegations including whether Malley transmitted classified information to his personal email. The person briefed said the probe is also looking into whether Malley provided classified information to foreign officials, intentionally or unintentionally.

It is not clear whether those foreign officials were Iranians. But leaked documents involving Malley have appeared in the Tehran Times, a publication aligned with the Islamist regime in Tehran, so Iran may have made Malley a target of its hacks.

Some past cases involving diplomats’ use of classified information have fizzled out, but others have led to charges; the circumstances can vary widely.

In their letter, McCaul and Risch reiterated their frustrations with how little the State Department has shared with them and their aides about the case and why it took weeks to put Malley on full-time leaveafter his security clearance was suspended.

The letter included 19 questions for the secretary of State about the situation. They included asking about the status of the FBI investigation and whether Blinken or other senior Biden administration officials had played “any role in advocating for or against any criminal charges.”