Why this John Bolton Legal Situation Stands Apart Substantially from Other Former President Critics
Ex-President Donald Trump has consistently expressed his desire 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 wrote recently in a social media post.
"I was impeached twice, and indicted me (5 times!)" he declared, mentioning the multiple legal proceedings he encountered after leaving the White House in 2021 and James's civil case.
Both have subsequently been charged, in cases that numerous experts have stated appear to be politically motivated and challenging to win in court.
But the latest charges against a Trump critic, former national security adviser John Bolton, stand apart, legal specialists and former prosecutors say.
"I would say, comparing Bolton's charges to Comey's is like comparing apples to oranges," stated Mark Lesko, a ex acting US attorney for the Eastern District of New York.
The Details of Bolton's Case
Bolton has been formally charged on national allegations pertaining to the alleged mishandling of sensitive materials. Since leaving the White House in 2019, he has emerged as a outspoken Trump critic, going so far as to describe him "stunningly uninformed" and unfit for office in his memoir.
Specialists say that while there may be political reasons to target Bolton, the procedures used to obtain an indictment and the evidence compiled against him indicate a possibly stronger legal argument than the DOJ brought against Comey.
"These actions that's being alleged is both more severe and seems to have taken place over a considerable period of time," commented 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 danger by improperly retaining and transmitting classified information to family members using insecure means, including AOL. Several of the materials were labeled highly classified.
The charge alleges that at a certain time a unauthorized user gained access to Bolton's account where documents were stored and sent an apparent warning to cause "the largest scandal since Hillary [Clinton]'s emails were released".
Bolton entered a not guilty plea during a hearing on recently to eighteen distinct charges of mishandling sensitive materials.
Retribution or a Substantial Legal Argument?
The schedule of his indictment - coming on the heels of allegations against Comey - has revived questions about external influence on the justice system.
Trump previously suggested Bolton should be in prison, and described him a "sleazebag". Bolton, for his part, authored a publication about his time in the Trump government that was sharply negative of the leader.
"Undoubtedly that the timing of this charge, when paired with others, has raised questions about the validity of these charges, and why these charges are being filed at this time," stated Jamil Jaffer, creator and executive director of the National Security Institute.
However, he added, "if the Justice Department is capable to demonstrate the facts alleged and show the material is properly designated, his conduct may very well have broken the statute".
Prosecuting such a high-ranking official for improperly handling sensitive materials is "rare" but not unprecedented, noted Carrie Cordero, a senior fellow at the Center for a New American Security.
"Situations that involve classified information pose challenges to try, but they can and are brought against equally junior and high-level personnel, from occasionally," she explained.
Parallels to Investigations into Former President and Biden
Trump likewise faced charges of wrongfully keeping classified documents at his Mar-a-Lago property in Florida and obstructing their recovery, but that case was eventually thrown out by a federal judge and negated by his return as president.
A independent investigator also found that ex-President Joe Biden improperly maintained classified documents from his time as vice president, but did not prosecute him.
Bolton's situation bears similarities to Biden's sensitive materials matters, noted Mr Lesko, who also held a top national security position at the Justice Department.
Strict procedures regulate the handling of classified documents. To secure a conviction, the prosecution must demonstrate that Bolton knew the information he was sending was classified, and he had to intentionally transfer it to someone without authorization to obtain it.
"Because of the classified nature of the information at issue in this matter, we lack a lot of details about why the prosecution contends elements like the personal notes and the other information he shared by email, and the reason there were classified," explained Mr Jaffer.
A Increasingly Traditional Legal Action
The process by which the DOJ initiated this case will be under scrutiny, following Trump openly posted his desire to see his political opponents charged and some of those charges came to fruition.
But Mr Lesko said in Bolton's case, prosecutors seem to have followed standard procedure.
"This Bolton prosecution and ultimately the charge appeared to have observed the standard process including the rules and standards within the Department of Justice," he said.
Unlike Comey's short, concise indictment, Bolton's was a increasingly "conventional" document that "explicitly sets forth the particulars involving the circumstances and situation in this instance," Mr Lesko said.
"It appears reasonably consistent with a series of precedents... where public servants improperly handled and transmitted classified material."