Why this Bolton Legal Situation Differs Substantially from Other Former President Opponents

Ex national security adviser John Bolton arrives at court
Former security advisor John Bolton arrives at the courthouse on recently.

Former President Donald Trump has consistently shown 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 further, it's damaging our reputation and credibility," the president stated recently in a Truth Social message.

"They impeached me, and indicted me (five times!)" he declared, referencing the multiple legal proceedings he faced after leaving the White House in 2021 and James's civil case.

Both have since been charged, in situations that many specialists have stated appear to be driven by politics and difficult to succeed in legal proceedings.

But the most recent charges against a Trump critic, former security advisor John Bolton, differ significantly, legal specialists and ex-prosecutors say.

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

The Specifics of Bolton's Case

Bolton has been criminally indicted on federal charges pertaining to the alleged improper handling of classified information. Since leaving the White House in 2019, he has become a vocal Trump critic, going so far as to describe him "stunningly uninformed" and unfit for the presidency in his book.

Specialists contend that while there may be political reasons to target Bolton, the procedures used to obtain an indictment and the proof compiled against him suggest a possibly stronger legal argument than the Justice Department presented against Comey.

"This misconduct that's being claimed is both more severe and seems to have taken place over a significant period of time," said Carissa Byrne Hessick, a academic at the University of North Carolina School of Law.

Throughout his time as Trump's security advisor, and following his 2019 White House departure, prosecutors alleged that Bolton placed the nation at risk by improperly retaining and transmitting classified information to relatives using insecure means, including AOL. Several of the documents were labeled highly classified.

The indictment alleges that at a certain time a hacker accessed to Bolton's account where files were stored and sent an seeming warning to cause "the largest controversy since Hillary [Clinton]'s emails were released".

Bolton entered a not guilty plea during a hearing on recently to eighteen distinct charges of mishandling classified information.

Political Motivation or a Substantial Case?

The timing of his charge - arriving on the tails of allegations against James - has revived questions about external influence on the legal system.

Trump previously implied Bolton should be in jail, and described him a "disreputable person". Bolton, for his part, wrote a book about his experience in the Trump administration that was highly critical of the president.

"There's no question that the timing of this charge, when combined with others, has prompted doubts about the validity of these allegations, and the reason these charges are being filed now," said Jamil Jaffer, creator and director of the National Security Institute.

Nevertheless, he added, "should the DOJ is capable to demonstrate the allegations stated and show the information is properly designated, his behavior may very well have violated the law".

Charging such a senior figure for improperly handling sensitive materials is "rare" but not unprecedented, said Carrie Cordero, a expert at the Center for a New American Security.

"Cases that involve sensitive materials present difficulties to try, but they can and are brought against equally low-level and senior officials, from occasionally," she explained.

Similarities to Investigations into Former President and President

Trump likewise encountered allegations of improperly storing sensitive materials at his Mar-a-Lago property in Florida and hindering their return, but that matter was eventually dismissed by a court official and voided by his return as president.

A independent investigator also determined that former President Joe Biden wrongfully stored classified documents from his period as vice president, but failed to prosecute him.

Bolton's case bears similarities to Trump's sensitive materials matters, noted Mr Lesko, who also held a senior security position at the Justice Department.

Strict protocols govern the handling of sensitive materials. To win a conviction, the prosecution must prove that Bolton was aware the material he was sending was classified, and he had to intentionally transmit it to someone not entitled to receive it.

"Because of the sensitive character of the information at issue in this matter, we lack a great deal of particulars about why the prosecution contends elements like the personal notes and the other information he shared by electronic message, and the reason there were classified," explained Mr Jaffer.

A Increasingly Conventional Legal Action

The process by which the Justice Department brought this legal action will be under scrutiny, after Trump publicly expressed his desire to see his political opponents charged and several of those indictments came to fruition.

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

"The Bolton prosecution and ultimately the indictment seemed to have followed the regular process including the regulations and norms within the DOJ," he said.

In contrast to Comey's brief, two-page charge, Bolton's was a more "traditional" document that "clearly sets forth the details concerning the facts and situation here," Mr Lesko commented.

"It appears reasonably consistent with a long line of precedents... where public servants improperly handled and transmitted sensitive information."

David Jones
David Jones

A seasoned gaming journalist with a passion for uncovering the latest trends and stories in the UK casino scene.