Why the Bolton Case Stands Apart Substantially from Additional Trump Opponents
Ex-President Donald Trump has repeatedly expressed his wish to see opponents probed, exerting influence on the DOJ to prosecute former FBI Director James Comey and New York Attorney General Letitia James.
"We can't delay any longer, it's damaging our reputation and credibility," the president wrote recently in a social media message.
"I was impeached twice, and indicted me (5 times!)" he said, referencing the multiple legal proceedings he faced after departing the White House in 2021 and James's lawsuit.
Each have subsequently been charged, in cases that many experts have stated seem to be driven by politics and difficult to succeed in court.
But the latest charges against a presidential opponent, ex national security adviser John Bolton, differ significantly, legal specialists and former prosecutors say.
"In my opinion, contrasting Bolton's charges to Comey's is like equating apples to oranges," said Mark Lesko, a former federal prosecutor for the Eastern District of New York.
The Details of the Case
Bolton has been criminally indicted on federal charges related to the supposed mishandling of sensitive materials. After departing the White House in 2019, he has emerged as a outspoken presidential opponent, even to call him "remarkably ignorant" and unsuitable for the presidency in his book.
Specialists say that while there may be political motivations to go after Bolton, the methods used to secure an indictment and the evidence compiled against him suggest a possibly more substantial case than the Justice Department presented against Comey.
"These actions that's being claimed is simultaneously more severe and appears to have taken place over a considerable duration," commented Carissa Byrne Hessick, a academic at the University of North Carolina School of Law.
During his tenure as Trump's security advisor, and after his 2019 White House exit, authorities alleged that Bolton put the nation at risk by improperly retaining and transmitting sensitive documents to family members using unprotected methods, including AOL. Some of the materials were marked highly classified.
The charge alleges that at one point a unauthorized user accessed to Bolton's account where documents were kept and transmitted an apparent threat to cause "the biggest controversy since Hillary [Clinton]'s emails were released".
Bolton entered a not guilty plea during a court appearance on Friday to eighteen distinct charges of mishandling classified information.
Retribution or a Substantial Legal Argument?
The timing of his indictment - arriving on the heels of allegations against Comey - has renewed questions 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 time in the Trump government that was sharply negative of the leader.
"Undoubtedly that the schedule of this indictment, when combined with additional cases, has raised questions about the validity of these charges, and why these charges are being brought now," stated Jamil Jaffer, creator and director of the National Security Institute.
However, he continued, "if the DOJ is able to prove the allegations alleged and demonstrate the material is properly designated, his conduct may certainly have broken the law".
Charging such a high-ranking official for improperly handling sensitive materials is "uncommon" but not unprecedented, noted Carrie Cordero, a expert at the Center for a New American Security.
"Cases that concern sensitive materials pose challenges to prosecute, but they may and are brought against equally low-level and senior personnel, from occasionally," she said.
Similarities to Investigations into Former President and President
Trump likewise faced charges of wrongfully keeping classified documents at his Mar-a-Lago property in Florida and hindering their recovery, but that matter was eventually dismissed by a court official and negated by his re-election as president.
A independent investigator also determined that former President Joe Biden improperly maintained classified documents from his time as vice president, but failed to criminally charge him.
Bolton's situation bears similarities to Trump's classified documents matters, noted Mr Lesko, who also held a senior national security position at the DOJ.
Strict protocols regulate the management of sensitive materials. To secure a guilty verdict, the prosecution must demonstrate that Bolton knew the material he was transmitting was classified, and he had to knowingly transmit it to someone not entitled to receive it.
"Because of the sensitive character of the material at question in this case, we lack a lot of particulars about the reasons the government contends things like the personal notes and the other material he communicated by email, and the reason there were classified," explained Mr Jaffer.
A More Traditional Legal Action
The process by which the Justice Department brought this case will be under scrutiny, following Trump publicly expressed his desire to see his critics charged and several of those charges materialized.
But Mr Lesko said in Bolton's situation, authorities seem to have adhered to standard procedure.
"This Bolton prosecution and ultimately the charge seemed to have followed the standard procedure including the rules and standards within the DOJ," he stated.
Unlike Comey's short, concise charge, Bolton's was a more "conventional" filing that "clearly sets forth the particulars involving the facts and situation here," Mr Lesko commented.
"It appears fairly aligned with a series of cases... where government officials mishandled and shared classified material."