Why this Bolton Legal Situation Differs Significantly from Additional Former President Opponents
Ex-President Donald Trump has consistently expressed his wish to see opponents probed, applying pressure on the DOJ to charge former FBI Director James Comey and New York Attorney General Letitia James.
"We cannot postpone any longer, it's damaging our standing and trustworthiness," the leader wrote recently in a social media message.
"They impeached twice, and charged me (five times!)" he said, referencing the four criminal cases he faced after leaving the White House in 2021 and James's civil case.
Each have since been indicted, in situations that numerous experts have stated seem to be politically motivated and challenging to win in court.
But the latest charges against a presidential opponent, ex national security adviser John Bolton, stand apart, legal experts and former prosecutors say.
"I would say, contrasting Bolton's case to Comey's is like comparing apples to oranges," said Mark Lesko, a former federal prosecutor for the Eastern District of New York.
The Details of the Case
Bolton has been formally charged on federal charges related to the supposed improper handling of classified information. Since leaving the White House in 2019, he has become a outspoken presidential opponent, even to describe him "remarkably ignorant" and unsuitable for the presidency in his memoir.
Specialists contend that while there may be political reasons to go after Bolton, the methods used to obtain an indictment and the proof gathered against him indicate a potentially more substantial case than the Justice Department brought against James.
"This misconduct that's being claimed is both more severe and seems to have taken place over a significant duration," said Carissa Byrne Hessick, a academic at the University of North Carolina School of Law.
Throughout his tenure as Trump's security advisor, and following his 2019 White House exit, prosecutors alleged that Bolton placed the country at danger by improperly retaining and transmitting sensitive documents to family members using insecure means, including AOL. Some of the materials were marked top secret.
The charge alleges that at one point a unauthorized user gained access to Bolton's account where files were stored and sent an seeming warning to cause "the largest controversy since Hillary [Clinton]'s emails were leaked".
Bolton pleaded not guilty during a hearing on recently to 18 distinct charges of mishandling sensitive materials.
Retribution or a Substantial Case?
The timing of his indictment - arriving on the heels of charges against James - has renewed questions about political pressure on the justice 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 administration that was highly critical of the leader.
"Undoubtedly that the schedule of this charge, when paired with additional cases, has raised questions about the validity of these allegations, and the reason these counts are being filed at this time," stated Jamil Jaffer, creator and director of the National Security Institute.
Nevertheless, he continued, "should the DOJ is able to demonstrate the facts alleged and demonstrate the material is properly designated, his conduct may certainly have violated the statute".
Prosecuting such a high-ranking figure for improperly handling sensitive materials is "uncommon" but not without precedent, noted Carrie Cordero, a senior fellow at the Center for a New American Security.
"Cases that concern classified information present difficulties to try, but they may and are brought against equally junior and high-level officials, from time to time," she explained.
Parallels to Investigations into Trump and President
Trump likewise faced charges of improperly keeping classified documents at his Mar-a-Lago resort in Florida and obstructing their return, but that case was ultimately thrown out by a court official and voided by his return as president.
A special counsel also determined that ex-President Joe Biden improperly maintained classified documents from his time as second-in-command, but did not criminally charge him.
Bolton's situation shares characteristics to Biden's sensitive materials issues, said Mr Lesko, who previously held a top security role at the Justice Department.
Rigorous protocols govern the handling of classified documents. To secure a guilty verdict, the prosecution must demonstrate that Bolton knew the material he was sending was classified, and he had to knowingly transfer it to someone not entitled to receive it.
"Because of the sensitive character of the material at issue in this matter, we don't have a lot of particulars about why the prosecution contends elements like the personal notes and the other material he shared by electronic message, and the reason there were classified," said Mr Jaffer.
A More Traditional Legal Action
The procedure by which the DOJ initiated this legal action will be closely examined, following Trump openly posted his wish to see his political opponents prosecuted and several of those charges came to fruition.
But Mr Lesko said in Bolton's case, authorities seem to have followed standard procedure.
"This Bolton case and eventually the charge appeared to have followed the standard process including the regulations and norms within the Department of Justice," he said.
In contrast to Comey's brief, concise indictment, Bolton's was a more "conventional" filing that "clearly sets forth the details concerning the facts and situation here," Mr Lesko commented.
"It seems fairly consistent with a series of precedents... where government officials mishandled and shared sensitive information."