Why the Bolton Legal Situation Differs Significantly from Additional Former President Opponents
Ex-President Donald Trump has consistently expressed his desire to see critics investigated, applying pressure on the DOJ to prosecute ex FBI Director James Comey and New York Attorney General Letitia James.
"We can't delay any longer, it's killing our reputation and trustworthiness," the leader stated last month in a Truth Social post.
"I was impeached me, and charged me (five times!)" he said, referencing the multiple legal proceedings he faced after departing the White House in 2021 and James's lawsuit.
Both have subsequently been indicted, in cases that numerous experts have said seem to be politically motivated and difficult to win in court.
But the latest allegations against a Trump critic, ex security advisor John Bolton, stand apart, legal specialists and former prosecutors say.
"I would say, contrasting Bolton's charges to Comey's is like comparing apples to oranges," said Mark Lesko, a ex acting US attorney for the Eastern District of New York.
The Specifics of the Case
Bolton has been criminally indicted on federal charges related to the supposed mishandling of classified information. After leaving the White House in 2019, he has become a outspoken Trump critic, even to call him "stunningly uninformed" and unsuitable for the presidency in his memoir.
Specialists contend that while there may be political motivations to go after Bolton, the procedures used to secure an indictment and the evidence gathered against him indicate a possibly stronger legal argument than the DOJ brought against Comey.
"These actions that's being alleged is both more severe and seems to have occurred over a significant period of time," commented Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.
During his tenure as Trump's security advisor, and following his 2019 White House departure, prosecutors claimed that Bolton put the nation at danger by wrongfully keeping and transmitting classified information to family members using insecure means, including AOL. Some of the materials were marked top secret.
The indictment states that at a certain time a unauthorized user gained access to Bolton's account where files were stored and transmitted an seeming threat to cause "the largest scandal since Hillary [Clinton]'s emails were released".
Bolton pleaded not guilty during a court appearance on recently to 18 separate charges of improperly handling classified information.
Retribution or a Substantial Case?
The schedule of his indictment - coming on the heels of allegations against James - has revived concerns about political pressure on the justice system.
Trump once implied Bolton belonged in prison, and described him a "disreputable person". Bolton, for his part, authored a publication about his experience in the Trump administration that was highly critical of the president.
"There's no question that the schedule of this charge, when paired with additional cases, has prompted doubts about the strength of these charges, and the reason these counts are being filed now," stated Jamil Jaffer, creator and executive director of the National Security Institute.
However, he continued, "should the DOJ is capable to demonstrate the allegations stated and show the material is correctly designated, his behavior may certainly have violated the statute".
Prosecuting such a high-ranking official for mishandling classified documents is "rare" but not without precedent, noted Carrie Cordero, a expert at the Center for a New American Security.
"Cases that concern classified information present difficulties to try, but they may and are brought against equally low-level and senior officials, from time to time," she explained.
Parallels to Examinations into Former President and President
Trump likewise faced charges of wrongfully storing classified documents at his Mar-a-Lago resort in Florida and hindering their recovery, but that matter was ultimately dismissed by a federal judge and negated by his return as leader.
A special counsel additionally found that ex-President Joe Biden improperly maintained classified documents from his period as vice president, but did not criminally charge him.
Bolton's case shares characteristics to Trump's sensitive materials issues, noted Mr Lesko, who also held a senior national security role at the DOJ.
Rigorous protocols regulate the handling of classified documents. To win a conviction, the government must demonstrate that Bolton was aware the information he was transmitting was restricted, and he had to intentionally transmit it to someone not entitled to obtain it.
"Because of the sensitive nature of the material at question in this case, we don't have a great deal of details about why the prosecution contends elements like the personal notes and the other material he shared by email, and the reason there were classified," explained Mr Jaffer.
A Increasingly Traditional Legal Action
The process by which the DOJ brought this legal action will be under scrutiny, after Trump openly expressed his wish to see his political opponents prosecuted and some of those indictments materialized.
But Mr Lesko said in Bolton's case, authorities seem to have followed protocol.
"This Bolton prosecution and ultimately the indictment appeared to have followed the standard process including the rules and standards within the Department of Justice," he said.
Unlike Comey's brief, concise indictment, Bolton's was a more "conventional" filing that "clearly outlines the details involving the facts and circumstances here," Mr Lesko said.
"It appears fairly aligned with a series of cases... where government officials improperly handled and transmitted classified material."