How the John Bolton Legal Situation Differs Significantly from Additional Trump Opponents
Ex-President Donald Trump has repeatedly shown his desire to see critics investigated, exerting influence 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 president stated last month in a Truth Social post.
"I was impeached me, and indicted me (five times!)" he said, referencing the four criminal cases he encountered after departing the White House in 2021 and James's civil case.
Both have subsequently been indicted, in situations that many specialists have said seem to be politically motivated and difficult to succeed in legal proceedings.
But the latest charges against a presidential opponent, ex national security adviser John Bolton, differ significantly, legal experts and former prosecutors assert.
"In my opinion, comparing Bolton's case to James' is like equating two different things," said Mark Lesko, a ex federal prosecutor for the Eastern District of New York.
This Specifics of the Case
Bolton has been criminally indicted on national allegations pertaining to the supposed improper handling of sensitive materials. Since leaving the White House in 2019, he has emerged as a vocal Trump critic, even to describe him "remarkably ignorant" and unsuitable for the presidency in his book.
Experts say that while there may be political reasons to target Bolton, the procedures used to obtain an indictment and the proof compiled against him indicate a potentially stronger case than the Justice Department brought against Comey.
"These actions that's being alleged is both more severe and seems to have taken place over a significant period of time," said Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.
Throughout his tenure as Trump's security advisor, and after his 2019 White House exit, prosecutors alleged that Bolton put the nation at danger by improperly keeping and sending classified information to relatives using unprotected methods, including AOL. Some of the materials were labeled highly classified.
The charge states that at one point a unauthorized user gained access to Bolton's account where files were stored and transmitted an seeming warning to cause "the biggest controversy since Hillary [Clinton]'s emails were released".
Bolton pleaded not guilty during a hearing on recently to 18 distinct counts of mishandling sensitive materials.
Political Motivation or a Strong Case?
The timing of his indictment - coming on the tails of allegations against Comey - has revived concerns about political pressure on the justice system.
Trump previously suggested Bolton belonged in prison, and called him a "sleazebag". Bolton, for his role, authored a publication about his experience in the Trump government that was highly critical of the president.
"There's no question that the timing of this indictment, when combined with additional cases, has prompted questions about the strength of these allegations, and the reason these counts are being filed now," said Jamil Jaffer, creator and executive director of the National Security Institute.
Nevertheless, he added, "if the Justice Department is able to prove the allegations stated and demonstrate the material is properly classified, his behavior may certainly have violated the statute".
Prosecuting such a senior figure for improperly handling sensitive materials is "rare" but not without precedent, noted Carrie Cordero, a senior fellow at the Center for a New American Security.
"Cases that involve classified information pose challenges to try, but they may and are brought against equally junior and high-level personnel, from time to time," she said.
Parallels to Investigations into Trump and Biden
Trump similarly encountered charges of improperly storing sensitive materials at his Mar-a-Lago resort in Florida and hindering their recovery, but that matter was eventually thrown out by a federal judge and voided by his re-election as leader.
A independent investigator additionally determined that ex-President Joe Biden improperly stored classified documents from his period as second-in-command, but failed to prosecute him.
Bolton's situation bears similarities to Biden's classified documents issues, said Mr Lesko, who also held a top national security role at the Justice Department.
Strict protocols govern the handling of sensitive materials. To win 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 obtain it.
"Due to the sensitive character of the information at issue in this case, we don't have a great deal of details about the reasons the government believes things like the personal notes and the other material he communicated by electronic message, and why there were restricted," said Mr Jaffer.
A Increasingly Traditional Legal Action
The procedure by which the Justice Department initiated this case will be under scrutiny, after Trump publicly posted his desire to see his political opponents prosecuted and some of those charges materialized.
But Mr Lesko indicated in Bolton's situation, authorities seem to have adhered to standard procedure.
"The Bolton prosecution and eventually the charge seemed to have observed the standard procedure including the regulations and norms within the DOJ," he said.
In contrast to Comey's short, concise indictment, Bolton's was a increasingly "conventional" filing that "clearly sets forth the details involving the facts and circumstances here," Mr Lesko commented.
"It seems fairly aligned with a series of precedents... where public servants improperly handled and transmitted sensitive information."