Why the Bolton Legal Situation Differs Significantly from Other Former President Opponents
Ex-President Donald Trump has repeatedly expressed his wish to see critics probed, applying pressure on the DOJ to charge ex FBI Director James Comey and New York Attorney General Letitia James.
"We can't delay further, it's damaging our reputation and trustworthiness," the leader stated last month in a social media post.
"I was impeached me, and charged me (five times!)" he said, mentioning the four criminal cases he encountered after departing the White House in 2021 and James's lawsuit.
Both have subsequently been indicted, in cases that many experts have stated appear to be politically motivated and difficult to win in legal proceedings.
But the latest allegations against a presidential opponent, ex security advisor John Bolton, stand apart, legal specialists and ex-prosecutors say.
"In my opinion, contrasting Bolton's case to Comey's is like comparing apples to oranges," said Mark Lesko, a former acting US attorney for the Eastern District of New York.
The Specifics of the Legal Situation
Bolton has been criminally indicted on national allegations related to the supposed improper handling of sensitive materials. After leaving the White House in 2019, he has emerged as a vocal Trump critic, even to describe him "stunningly uninformed" and unsuitable for the presidency in his book.
Experts contend that while there may be political reasons to target Bolton, the methods used to secure an charge and the proof compiled against him indicate a potentially more substantial legal argument than the Justice Department presented against Comey.
"This misconduct that's being alleged is simultaneously more severe and appears to have occurred over a significant duration," said Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.
During his tenure as Trump's national security adviser, and following his 2019 White House exit, authorities alleged that Bolton put the nation at risk by improperly keeping and sending classified information to relatives using insecure means, including AOL. Some of the materials were labeled top secret.
The indictment alleges that at a certain time a unauthorized user accessed to Bolton's system where documents were kept and transmitted an seeming warning to cause "the largest scandal since Hillary [Clinton]'s emails were leaked".
Bolton entered a not guilty plea during a court appearance on Friday to eighteen separate counts of mishandling sensitive materials.
Political Motivation or a Substantial Legal Argument?
The schedule of his indictment - coming on the tails of allegations against James - has renewed concerns about political pressure on the legal system.
Trump previously implied Bolton belonged in prison, and described him a "sleazebag". Bolton, for his role, wrote a book about his time in the Trump administration that was sharply negative of the leader.
"Undoubtedly that the schedule of this charge, when combined with additional cases, has prompted doubts about the validity of these allegations, and why these counts are being brought now," said Jamil Jaffer, creator and director of the National Security Institute.
However, he continued, "should the Justice Department is able to demonstrate the allegations alleged and demonstrate the material is properly designated, his behavior may very well have broken the law".
Charging such a senior figure for mishandling sensitive materials is "rare" but not without precedent, noted Carrie Cordero, a expert at the Center for a New American Security.
"Cases that involve sensitive materials pose challenges to prosecute, but they can and are brought against both low-level and high-level personnel, from time to time," she explained.
Similarities to Examinations into Former President and Biden
Trump likewise faced charges of wrongfully storing sensitive materials at his Mar-a-Lago property in Florida and hindering their return, but that case was ultimately thrown out by a court official and voided by his return as leader.
A independent investigator additionally determined that former President Joe Biden improperly stored classified documents from his time as vice president, but did not criminally charge him.
Bolton's situation bears similarities to Biden's classified documents matters, said Mr Lesko, who also held a senior security position at the DOJ.
Strict protocols govern the management of sensitive materials. To secure a guilty verdict, the government must prove that Bolton knew the material he was sending was restricted, and he had to knowingly transmit it to someone without authorization to obtain it.
"Due to the classified character of the material at issue in this case, we don't have a great deal of particulars about why the government contends elements like the personal notes and the other information he communicated by email, and the reason there were restricted," said Mr Jaffer.
A More Traditional Prosecution
The process by which the DOJ initiated this case will be closely examined, following Trump publicly posted his wish to see his critics charged and several of those indictments materialized.
But Mr Lesko indicated in Bolton's case, prosecutors seem to have adhered to standard procedure.
"The Bolton case and ultimately the charge seemed to have observed the standard process including the regulations and norms within the DOJ," he said.
Unlike Comey's short, two-page indictment, Bolton's was a more "traditional" filing that "explicitly outlines the particulars concerning the facts and situation in this instance," Mr Lesko said.
"It seems reasonably aligned with a long line of cases... where public servants improperly handled and transmitted classified material."
