Why this Bolton Legal Situation Differs Significantly from Other Former President Critics
Former President Donald Trump has consistently shown his desire to see opponents probed, applying pressure on the Justice Department to prosecute former FBI Director James Comey and New York Attorney General Letitia James.
"We cannot postpone any longer, it's killing our standing and credibility," the president stated recently in a Truth Social post.
"I was impeached me, and charged me (5 times!)" he declared, referencing the multiple legal proceedings he faced after leaving the White House in 2021 and James's lawsuit.
Each have subsequently been indicted, in situations that many experts have stated seem to be politically motivated and challenging to succeed in legal proceedings.
But the latest allegations against a Trump critic, ex security advisor John Bolton, stand apart, legal specialists and former prosecutors assert.
"I would say, comparing Bolton's charges to Comey's is like equating apples to oranges," said Mark Lesko, a ex acting US attorney for the Eastern District of New York.
This Specifics of Bolton's Case
Bolton has been formally charged on federal charges pertaining to the supposed improper handling of classified information. After departing the White House in 2019, he has become a vocal presidential opponent, even to call him "stunningly uninformed" and unsuitable for the presidency in his book.
Specialists contend that while there may be political motivations to target Bolton, the procedures used to secure an indictment and the evidence compiled against him suggest a potentially stronger case than the DOJ brought against James.
"This misconduct that's being alleged is simultaneously more serious and seems to have taken place over a significant duration," said Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.
During his time as Trump's national security adviser, and after his 2019 White House exit, prosecutors alleged that Bolton put the country at risk by wrongfully retaining and sending classified information to relatives using insecure means, including AOL. Several of the documents were marked top secret.
The indictment states that at one point a unauthorized user gained access to Bolton's system where files were stored and transmitted an seeming warning to cause "the largest controversy since Hillary [Clinton]'s emails were leaked".
Bolton pleaded not guilty during a hearing on recently to 18 distinct charges of mishandling sensitive materials.
Retribution or a Substantial Legal Argument?
The timing of his charge - arriving on the tails of charges against James - has renewed concerns about political pressure on the justice system.
Trump once implied Bolton belonged in prison, and called him a "disreputable person". Bolton, for his role, wrote a publication about his time in the Trump administration that was highly critical of the president.
"There's no question that the schedule of this indictment, when combined with additional cases, has raised questions about the strength of these allegations, and the reason these counts are being brought at this time," said Jamil Jaffer, creator and executive director of the National Security Institute.
Nevertheless, he continued, "if the Justice Department is capable to prove the allegations alleged and show the material is properly classified, his behavior may certainly have violated the law".
Charging such a high-ranking figure for improperly handling classified documents is "uncommon" but not unprecedented, said Carrie Cordero, a expert at the Center for a New American Security.
"Cases that concern classified information present challenges to prosecute, but they can and are filed against both junior and high-level personnel, from occasionally," she said.
Similarities to Examinations into Former President and President
Trump similarly faced allegations of improperly storing sensitive materials at his Mar-a-Lago resort in Florida and obstructing their recovery, but that case was ultimately thrown out by a federal judge and negated by his re-election as president.
A independent investigator also found that former President Joe Biden wrongfully stored sensitive materials from his period as second-in-command, but failed to prosecute him.
Bolton's situation bears similarities to Biden's sensitive materials issues, said Mr Lesko, who also held a top national security position at the Justice Department.
Strict protocols govern the management of sensitive materials. To secure a conviction, the government must prove that Bolton was aware the material he was sending was classified, and he had to knowingly transmit it to someone not entitled to obtain it.
"Due to the sensitive character of the material at question in this case, we don't have a great deal of details about the reasons the prosecution contends elements like the diary entries and the other material he communicated by email, and the reason there were restricted," explained Mr Jaffer.
A Increasingly Traditional Prosecution
The procedure by which the Justice Department initiated this legal action will be under scrutiny, following Trump openly expressed his wish to see his political opponents charged and several of those indictments materialized.
But Mr Lesko said in Bolton's case, authorities seem to have followed standard procedure.
"This Bolton case and eventually the indictment appeared to have observed the standard procedure including the regulations and norms within the DOJ," he stated.
In contrast to Comey's short, two-page charge, Bolton's was a increasingly "conventional" filing that "clearly outlines the particulars concerning the circumstances and situation in this instance," Mr Lesko said.
"It seems reasonably aligned with a series of precedents... where government officials mishandled and shared classified material."