Why this John Bolton Case Stands Apart Substantially from Other Former President Critics
Former President Donald Trump has repeatedly expressed his desire to see critics investigated, 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 damaging our standing and trustworthiness," the president wrote recently in a Truth Social post.
"They impeached me, and charged me (five times!)" he declared, referencing the multiple legal proceedings he faced after departing the White House in 2021 and James's lawsuit.
Each have subsequently been charged, in situations that many experts have stated appear to be politically motivated and challenging to win in legal proceedings.
But the most recent charges against a presidential opponent, former national security adviser John Bolton, differ significantly, legal experts and former prosecutors assert.
"In my opinion, contrasting Bolton's charges to James' is like comparing apples to oranges," said Mark Lesko, a ex acting US attorney for the Eastern District of New York.
The Specifics of Bolton's Legal Situation
Bolton has been criminally indicted on national allegations related to the alleged improper handling of sensitive materials. After departing the White House in 2019, he has become a outspoken Trump critic, even to describe him "remarkably ignorant" and unfit for office in his book.
Specialists contend that while there may be political motivations to go after Bolton, the methods used to secure an charge and the proof gathered against him suggest a potentially stronger case than the Justice Department brought against Comey.
"This misconduct that's being alleged is simultaneously more severe and seems to have occurred over a considerable 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 exit, prosecutors alleged that Bolton placed the nation at danger by improperly keeping and transmitting sensitive documents to relatives using unprotected methods, including AOL. Some of the materials were marked highly classified.
The indictment states that at a certain time a hacker gained access to Bolton's system where documents were kept 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 Friday to 18 separate charges of mishandling classified information.
Political Motivation or a Substantial Case?
The timing of his indictment - arriving on the tails of charges against James - has renewed concerns about external influence on the justice system.
Trump previously suggested Bolton belonged in jail, and described him a "disreputable person". Bolton, for his part, authored a book about his experience in the Trump government that was highly critical of the president.
"Undoubtedly that the schedule of this indictment, when combined with others, has raised doubts about the validity of these allegations, and why these counts are being brought now," said Jamil Jaffer, creator and executive director of the National Security Institute.
Nevertheless, he continued, "if the DOJ is capable to prove the facts alleged and show the information is properly designated, his behavior may certainly have violated the law".
Charging such a senior figure for mishandling classified documents is "uncommon" but not without precedent, noted Carrie Cordero, a expert at the Center for a New American Security.
"Situations that involve classified information present challenges to try, but they can and are filed against equally low-level and high-level officials, from time to time," she explained.
Similarities to Investigations into Former President and Biden
Trump likewise encountered charges of wrongfully keeping sensitive materials at his Mar-a-Lago property in Florida and obstructing their return, but that case was ultimately thrown out by a federal judge and voided by his return as leader.
A independent investigator additionally found that ex-President Joe Biden improperly maintained sensitive materials from his time as second-in-command, but did not prosecute him.
Bolton's situation bears similarities to Biden's sensitive materials matters, said Mr Lesko, who previously held a top security role at the DOJ.
Strict procedures govern the handling of sensitive materials. To secure a guilty verdict, the government must prove that Bolton was aware the information he was sending was classified, and he had to knowingly transmit it to someone without authorization to receive it.
"Because of the sensitive nature of the material at question in this matter, we lack a great deal of details about why the government contends elements like the personal notes and the additional information he communicated by electronic message, and why there were classified," said Mr Jaffer.
A Increasingly Conventional Legal Action
The process by which the Justice Department brought this case will be closely examined, following Trump openly expressed his desire to see his critics charged and some of those indictments came to fruition.
But Mr Lesko indicated in Bolton's case, authorities seem to have adhered to protocol.
"This Bolton prosecution and ultimately the indictment appeared to have observed the standard process including the rules and norms within the DOJ," he stated.
Unlike Comey's short, concise charge, Bolton's was a more "conventional" document that "explicitly sets forth the details concerning the facts and situation here," Mr Lesko commented.
"It appears reasonably aligned with a long line of precedents... where public servants improperly handled and transmitted sensitive information."