How the Bolton Legal Situation Differs Substantially from Other Former President Critics
Ex-President Donald Trump has repeatedly expressed his desire to see opponents investigated, exerting 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 damaging our standing and trustworthiness," the leader wrote last month in a Truth Social post.
"They impeached me, and charged me (5 times!)" he declared, referencing the multiple legal proceedings he encountered after leaving the White House in 2021 and James's lawsuit.
Each have subsequently been charged, in situations that many experts have said seem to be driven by politics and difficult to win in legal proceedings.
But the latest allegations against a presidential opponent, ex national security adviser John Bolton, differ significantly, legal experts and ex-prosecutors assert.
"In my opinion, contrasting Bolton's case to Comey's is like equating two different things," stated Mark Lesko, a ex acting US attorney for the Eastern District of New York.
The Specifics of Bolton's Legal Situation
Bolton has been formally charged on federal charges pertaining to the alleged improper handling of sensitive materials. Since leaving the White House in 2019, he has emerged as a vocal presidential opponent, going so far as to describe him "remarkably ignorant" and unsuitable for office in his memoir.
Experts contend that while there may be political motivations to target Bolton, the methods used to obtain an charge and the proof gathered against him indicate a possibly stronger case than the DOJ presented against Comey.
"These actions that's being alleged is simultaneously more severe and seems to have occurred over a significant duration," said Carissa Byrne Hessick, a academic at the University of North Carolina School of Law.
Throughout his tenure as Trump's security advisor, and following his 2019 White House departure, prosecutors claimed that Bolton placed the nation at risk by wrongfully retaining and transmitting sensitive documents to relatives using unprotected methods, including AOL. Some of the documents were marked top secret.
The charge alleges that at a certain time a unauthorized user accessed to Bolton's system where documents were kept and transmitted an apparent warning to cause "the biggest scandal since Hillary [Clinton]'s emails were leaked".
Bolton pleaded not guilty during a hearing on Friday to 18 distinct counts of improperly handling sensitive materials.
Retribution or a Strong Case?
The timing of his indictment - arriving on the heels of allegations against James - has renewed questions about political pressure on the justice system.
Trump once suggested Bolton belonged in prison, and called him a "sleazebag". Bolton, for his role, wrote a publication about his experience in the Trump administration that was sharply negative of the president.
"Undoubtedly that the timing of this indictment, when combined with additional cases, has raised questions about the strength of these allegations, and why these counts are being filed now," said Jamil Jaffer, founder and director of the National Security Institute.
However, he added, "should the DOJ is capable to demonstrate the allegations alleged and show the material is properly classified, his conduct may certainly have violated the statute".
Charging such a high-ranking figure for mishandling classified documents is "uncommon" but not without precedent, said Carrie Cordero, a senior fellow at the Center for a New American Security.
"Cases that involve sensitive materials present difficulties to try, but they may and are filed against both low-level and senior officials, from occasionally," she explained.
Similarities to Examinations into Trump and Biden
Trump likewise encountered charges of wrongfully keeping classified documents at his Mar-a-Lago property in Florida and hindering their recovery, but that matter was ultimately dismissed by a court official and voided by his return as president.
A independent investigator also found that ex-President Joe Biden improperly stored sensitive materials from his period as second-in-command, but did not criminally charge him.
Bolton's situation shares characteristics to Trump's sensitive materials issues, said Mr Lesko, who previously held a senior national security role at the Justice Department.
Strict protocols govern the management of sensitive materials. To secure a conviction, the prosecution must prove that Bolton was aware the information he was transmitting was classified, and he had to intentionally transfer it to someone not entitled to receive it.
"Because of the sensitive nature of the information at question in this matter, we lack a great deal of details about the reasons the prosecution contends elements like the personal notes and the additional information he communicated by email, and the reason there were classified," said Mr Jaffer.
A More Conventional Legal Action
The procedure by which the DOJ initiated this legal action will be closely examined, after Trump openly posted his desire to see his critics prosecuted and several of those charges materialized.
But Mr Lesko said in Bolton's case, authorities appear to have followed protocol.
"This Bolton case and eventually the charge seemed to have observed the regular process including the rules and standards within the Department of Justice," he stated.
In contrast to Comey's short, concise charge, Bolton's was a increasingly "traditional" filing that "clearly sets forth the details involving the facts and situation here," Mr Lesko commented.
"It appears fairly consistent with a series of precedents... where public servants mishandled and shared classified material."