Why this John Bolton Case Differs Substantially from Additional Former President Critics
Ex-President Donald Trump has repeatedly expressed his desire to see critics investigated, exerting influence on the DOJ to charge ex FBI Director James Comey and New York Attorney General Letitia James.
"We can't delay any longer, it's damaging our standing and credibility," the president stated recently in a Truth Social post.
"They impeached twice, and indicted me (five times!)" he said, mentioning the four criminal cases he encountered after departing the White House in 2021 and James's civil case.
Both have since been indicted, in situations that many specialists have stated appear to be politically motivated and difficult to succeed in court.
But the latest allegations against a Trump critic, former security advisor John Bolton, stand apart, legal specialists and ex-prosecutors assert.
"In my opinion, contrasting Bolton's charges to James' is like comparing apples to oranges," said Mark Lesko, a former federal prosecutor for the Eastern District of New York.
The Specifics of the Case
Bolton has been formally charged on national allegations related to the alleged improper handling of sensitive materials. Since departing the White House in 2019, he has emerged as a outspoken presidential opponent, going so far as to describe him "remarkably ignorant" and unfit for office in his book.
Specialists say that while there may be political reasons to go after Bolton, the procedures used to obtain an indictment and the proof compiled against him indicate a possibly stronger case than the Justice Department presented against James.
"These actions that's being claimed is both more severe and seems to have taken place over a significant period of time," 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 following his 2019 White House departure, authorities alleged that Bolton placed the country at danger by wrongfully retaining and transmitting sensitive documents to family members using unprotected methods, including AOL. Some of the materials were labeled highly classified.
The indictment alleges that at a certain time a unauthorized user gained access to Bolton's account where documents were kept and sent an apparent warning to cause "the biggest controversy since Hillary [Clinton]'s emails were leaked".
Bolton entered a not guilty plea during a hearing on recently to eighteen distinct charges of improperly handling sensitive materials.
Retribution or a Strong Legal Argument?
The schedule of his indictment - coming on the tails of allegations against James - has revived concerns about external influence on the justice system.
Trump previously suggested Bolton belonged in prison, and called him a "sleazebag". Bolton, for his role, authored a publication about his time in the Trump administration that was highly critical of the president.
"There's no question that the schedule of this charge, when combined with others, has prompted doubts about the validity of these charges, and why these counts are being filed now," stated Jamil Jaffer, creator and director of the National Security Institute.
Nevertheless, he continued, "if the Justice Department is able to demonstrate the allegations stated and demonstrate the material is correctly classified, his behavior may certainly have violated the statute".
Prosecuting such a high-ranking official for improperly handling classified documents is "uncommon" but not unprecedented, noted Carrie Cordero, a expert at the Center for a New American Security.
"Situations that concern sensitive materials present difficulties to prosecute, but they can and are brought against equally low-level and senior personnel, from occasionally," she said.
Similarities to Investigations into Trump and Biden
Trump similarly encountered allegations of improperly storing classified documents at his Mar-a-Lago resort in Florida and hindering their recovery, but that case was eventually dismissed by a federal judge and negated by his re-election as leader.
A special counsel additionally determined that former President Joe Biden wrongfully maintained sensitive materials from his period as vice president, but failed to prosecute him.
Bolton's situation shares characteristics to Trump's sensitive materials issues, noted Mr Lesko, who previously held a top security role at the Justice Department.
Rigorous procedures govern the management of classified documents. To secure a conviction, the government must demonstrate that Bolton knew the material he was transmitting was classified, and he had to knowingly transfer it to someone without authorization to obtain it.
"Due to the sensitive character of the information at issue in this case, we don't have a lot of particulars about the reasons the government contends elements like the personal notes and the additional material he shared by email, and why there were classified," explained Mr Jaffer.
A More Traditional Prosecution
The process by which the Justice Department brought this case will be under scrutiny, after Trump publicly posted his desire to see his critics charged and some of those charges came to fruition.
But Mr Lesko indicated in Bolton's case, authorities appear to have adhered to protocol.
"This Bolton case and ultimately the charge seemed to have followed the standard process including the rules and norms within the DOJ," he stated.
In contrast to Comey's brief, two-page charge, Bolton's was a increasingly "traditional" document that "explicitly sets forth the details involving the facts and situation in this instance," Mr Lesko commented.
"It appears fairly consistent with a long line of precedents... where government officials mishandled and transmitted sensitive information."