Why the Bolton Case Stands Apart Substantially from Other Former President Critics
Former President Donald Trump has consistently expressed his wish to see critics investigated, applying pressure on the DOJ to prosecute former FBI Director James Comey and New York Attorney General Letitia James.
"We cannot postpone further, it's killing our reputation and credibility," the leader wrote last month in a social media message.
"They impeached twice, and indicted me (5 times!)" he declared, referencing the multiple legal proceedings he encountered after departing the White House in 2021 and James's civil case.
Each have since been charged, in situations that numerous experts have said seem to be politically motivated and challenging to win in court.
But the most recent charges against a presidential opponent, ex security advisor John Bolton, differ significantly, legal specialists and former prosecutors say.
"In my opinion, contrasting Bolton's case to Comey's is like equating apples to oranges," said Mark Lesko, a ex federal prosecutor for the Eastern District of New York.
This Details of the Legal Situation
Bolton has been formally charged on federal charges related to the alleged mishandling of sensitive materials. Since departing the White House in 2019, he has emerged as a vocal presidential opponent, even to call him "remarkably ignorant" and unsuitable for office in his book.
Experts contend that while there may be political reasons to go after Bolton, the methods used to secure an charge and the proof compiled against him suggest a possibly stronger legal argument than the DOJ presented against Comey.
"These actions that's being claimed is both more severe and seems to have taken place over a considerable duration," said Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.
Throughout his tenure as Trump's national security adviser, and following his 2019 White House departure, prosecutors claimed that Bolton placed the country at risk by wrongfully keeping and sending sensitive documents to family members using insecure means, including AOL. Several of the documents were labeled top secret.
The indictment states that at a certain time a unauthorized user accessed to Bolton's system where files were kept and sent an apparent threat to cause "the biggest scandal since Hillary [Clinton]'s emails were released".
Bolton pleaded not guilty during a court appearance on recently to 18 distinct charges of mishandling sensitive materials.
Political Motivation or a Strong Legal Argument?
The timing of his indictment - coming on the tails of charges against James - has revived questions about external influence on the justice system.
Trump once implied Bolton should be in jail, and called him a "sleazebag". Bolton, for his part, authored a publication about his experience in the Trump government that was highly critical of the president.
"Undoubtedly that the timing of this indictment, when combined with others, has raised questions about the validity of these charges, and the reason these charges are being filed now," stated Jamil Jaffer, founder and director of the National Security Institute.
However, he added, "if the Justice Department is able to prove the allegations stated and demonstrate the information is correctly designated, his behavior may very well have broken the statute".
Charging such a high-ranking official for improperly handling classified documents is "rare" but not unprecedented, said Carrie Cordero, a senior fellow at the Center for a New American Security.
"Cases that involve classified information present challenges to prosecute, but they may and are brought against equally junior and senior personnel, from time to time," she said.
Similarities to Examinations into Trump and Biden
Trump similarly encountered allegations of improperly storing sensitive materials at his Mar-a-Lago resort in Florida and hindering their return, but that matter was ultimately dismissed by a federal judge and voided by his re-election as leader.
A special counsel additionally determined that ex-President Joe Biden wrongfully stored sensitive materials from his time as vice president, but failed to criminally charge him.
Bolton's case shares characteristics to Biden's classified documents matters, said Mr Lesko, who previously held a top security role at the Justice Department.
Strict procedures govern the management of sensitive materials. To secure a conviction, the prosecution must prove that Bolton knew the material he was sending was restricted, and he had to intentionally transmit it to someone without authorization to receive it.
"Because of the sensitive nature of the material at issue in this matter, we lack a lot of details about the reasons the prosecution believes things like the diary entries and the other material he communicated by email, and the reason there were classified," explained Mr Jaffer.
A Increasingly Traditional Prosecution
The process by which the DOJ brought this legal action will be under scrutiny, after Trump openly expressed his wish to see his political opponents charged and some of those indictments materialized.
But Mr Lesko indicated in Bolton's case, prosecutors appear to have followed standard procedure.
"The Bolton prosecution and eventually the indictment appeared to have observed the standard procedure including the regulations and standards within the DOJ," he stated.
Unlike Comey's short, two-page indictment, Bolton's was a more "traditional" document that "explicitly sets forth the particulars concerning the facts and circumstances here," Mr Lesko said.
"It seems fairly consistent with a series of cases... where government officials mishandled and shared classified material."