🔗 Share this article

Ex-President Donald Trump has consistently shown his wish to see critics investigated, applying pressure on the Justice Department to charge former FBI Director James Comey and New York Attorney General Letitia James.

"We can't delay any longer, it's killing our standing and credibility," the leader stated last month in a Truth Social message.

"They impeached me, and charged me (5 times!)" he declared, mentioning the multiple legal proceedings he encountered after departing the White House in 2021 and James's lawsuit.

Each have subsequently been indicted, in situations that many experts have said seem to be politically motivated and difficult to succeed in court.

But the latest allegations against a presidential opponent, ex security advisor John Bolton, stand apart, legal experts and former prosecutors assert.

"In my opinion, contrasting Bolton's case to James' is like comparing two different things," said Mark Lesko, a ex federal prosecutor for the Eastern District of New York.

This Details of the Case

Bolton has been criminally indicted on national allegations related to the alleged mishandling of sensitive materials. After leaving the White House in 2019, he has emerged as a vocal Trump critic, going so far as to call him "stunningly uninformed" and unfit for the presidency in his book.

Specialists say that while there may be political reasons to target Bolton, the methods used to obtain an indictment and the proof compiled against him indicate a possibly more substantial legal argument than the DOJ brought against Comey.

"This misconduct that's being claimed is both more severe and seems to have taken place over a significant duration," commented Carissa Byrne Hessick, a academic 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 placed the nation at danger by wrongfully keeping and transmitting sensitive documents to relatives using unprotected methods, including AOL. Some of the materials were marked highly classified.

The indictment alleges that at one point a unauthorized user gained access to Bolton's account where files were stored and sent an apparent 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 classified information.

Retribution or a Strong Legal Argument?

The schedule of his indictment - coming on the heels of allegations against Comey - has renewed concerns about external influence on the legal system.

Trump previously suggested Bolton belonged in jail, and described him a "sleazebag". Bolton, for his role, authored a book about his experience in the Trump government that was highly critical of the leader.

"There's no question that the schedule of this indictment, when paired with additional cases, has prompted doubts about the validity of these allegations, and why these charges are being brought at this time," stated Jamil Jaffer, founder and executive director of the National Security Institute.

However, he added, "if the Justice Department is able to demonstrate the allegations alleged and demonstrate the information is properly designated, his behavior may certainly have broken the law".

Prosecuting such a senior official for improperly handling classified documents is "uncommon" but not without precedent, noted Carrie Cordero, a senior fellow at the Center for a New American Security.

"Situations that concern classified information pose difficulties to prosecute, but they can and are brought against both junior and high-level officials, from time to time," she said.

Similarities to Investigations into Former President and President

Trump similarly faced charges of improperly keeping sensitive materials at his Mar-a-Lago resort in Florida and obstructing their recovery, but that case was ultimately dismissed by a federal judge and negated by his return as leader.

A independent investigator additionally found that former President Joe Biden improperly maintained sensitive materials from his time as vice president, but failed to prosecute him.

Bolton's case bears similarities to Trump's sensitive materials issues, said Mr Lesko, who previously held a senior security position at the DOJ.

Strict protocols govern the management of sensitive materials. To win a conviction, the prosecution must prove that Bolton was aware the material he was transmitting was restricted, and he had to knowingly transmit it to someone not entitled to obtain it.

"Because of the classified character of the information at issue in this case, we lack a great deal of details about why the prosecution believes elements like the diary entries and the other material he communicated by electronic message, and why there were restricted," explained Mr Jaffer.

A More Traditional Legal Action

The process by which the DOJ brought this legal action will be under scrutiny, following Trump openly posted his wish to see his critics prosecuted and several of those charges came to fruition.

But Mr Lesko indicated in Bolton's case, authorities seem to have followed standard procedure.

"This Bolton case and ultimately the charge appeared to have observed the standard process including the regulations and standards within the Department of Justice," he stated.

In contrast to Comey's short, two-page charge, Bolton's was a increasingly "conventional" document that "clearly sets forth the details involving the circumstances and circumstances in this instance," Mr Lesko commented.

"It seems fairly consistent with a long line of cases... where government officials mishandled and transmitted classified material."