Why the Bolton Legal Situation Differs Significantly from Other Former President Opponents
Former President Donald Trump has consistently expressed his wish to see opponents probed, exerting pressure on the DOJ to prosecute ex FBI Director James Comey and New York Attorney General Letitia James.
"We can't delay further, it's killing our standing and trustworthiness," the president 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 civil case.
Each have since been indicted, in cases that numerous experts have stated appear to be driven by politics and challenging to succeed in court.
But the latest allegations against a presidential opponent, former national security adviser John Bolton, differ significantly, legal specialists and former prosecutors say.
"In my opinion, contrasting Bolton's case to Comey's is like equating two different things," said Mark Lesko, a former federal prosecutor for the Eastern District of New York.
This Details of the Case
Bolton has been criminally indicted on federal charges related to the supposed mishandling of sensitive materials. Since leaving the White House in 2019, he has emerged as a vocal Trump critic, even to call him "remarkably ignorant" and unfit for the presidency in his memoir.
Specialists say that while there may be political reasons to target Bolton, the methods used to secure an charge and the proof gathered against him indicate a possibly stronger legal argument than the Justice Department presented against Comey.
"These actions that's being claimed is both more serious and seems to have taken place over a significant duration," commented Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.
Throughout his tenure as Trump's national security adviser, and after his 2019 White House exit, prosecutors alleged that Bolton put the nation at risk by wrongfully retaining and sending sensitive documents to relatives using insecure means, including AOL. Several of the materials were marked highly classified.
The charge alleges that at a certain time a hacker accessed to Bolton's system where files were stored and transmitted an seeming warning to cause "the largest scandal since Hillary [Clinton]'s emails were released".
Bolton pleaded not guilty during a court appearance on recently to eighteen distinct counts of mishandling sensitive materials.
Retribution or a Strong Legal Argument?
The schedule of his indictment - arriving on the heels of charges against Comey - has revived concerns about political pressure on the legal system.
Trump once implied Bolton belonged in prison, and called him a "disreputable person". Bolton, for his role, wrote a publication about his experience in the Trump administration that was sharply negative of the president.
"There's no question that the timing of this charge, when combined with additional cases, has raised doubts about the validity of these charges, and why these counts are being brought now," said Jamil Jaffer, creator and executive director of the National Security Institute.
Nevertheless, he added, "should the Justice Department is capable to demonstrate the allegations stated and show the material is correctly designated, his conduct may certainly have broken the law".
Prosecuting such a senior figure for mishandling classified documents is "rare" but not unprecedented, said Carrie Cordero, a expert at the Center for a New American Security.
"Situations that concern classified information present challenges to prosecute, but they can and are filed against both junior and senior personnel, from time to time," she said.
Parallels to Investigations into Former President and President
Trump similarly faced charges of wrongfully keeping classified documents at his Mar-a-Lago property in Florida and obstructing their recovery, but that case was eventually thrown out by a federal judge and negated by his return as leader.
A independent investigator additionally determined that ex-President Joe Biden wrongfully maintained classified documents from his time as second-in-command, but did not criminally charge him.
Bolton's case shares characteristics to Biden's classified documents matters, noted Mr Lesko, who also held a top national security position at the Justice Department.
Strict protocols govern the management of classified documents. To win a guilty verdict, the prosecution must prove that Bolton knew the material he was transmitting was restricted, and he had to intentionally transmit it to someone without authorization to receive it.
"Due to the classified nature of the information at question in this matter, we don't have a great deal of particulars about the reasons the government contends things like the personal notes and the additional material he communicated by electronic message, and why there were restricted," explained Mr Jaffer.
A More Conventional Legal Action
The process by which the DOJ brought this legal action will be under scrutiny, after Trump publicly expressed his wish to see his critics prosecuted and several of those charges materialized.
But Mr Lesko said in Bolton's case, authorities seem to have adhered to standard procedure.
"The Bolton prosecution and ultimately the indictment seemed to have followed the standard process including the regulations and norms within the Department of Justice," he stated.
In contrast to Comey's short, concise indictment, Bolton's was a more "traditional" document that "clearly sets forth the particulars concerning the circumstances and circumstances here," Mr Lesko commented.
"It appears reasonably aligned with a series of cases... where public servants mishandled and shared sensitive information."