Why the Bolton Case Differs Substantially from Additional Trump Critics
Former President Donald Trump has consistently expressed his wish to see critics investigated, exerting influence on the Justice Department to charge ex FBI Director James Comey and New York Attorney General Letitia James.
"We cannot postpone further, it's damaging our standing and trustworthiness," the president wrote recently in a Truth Social message.
"They impeached me, and indicted me (five times!)" he declared, referencing the multiple legal proceedings he faced after departing the White House in 2021 and James's lawsuit.
Each have since been indicted, in situations that many specialists have stated seem to be politically motivated and difficult to win in legal proceedings.
But the most recent allegations against a Trump critic, ex national security adviser John Bolton, differ significantly, legal specialists and ex-prosecutors say.
"In my opinion, comparing Bolton's charges to James' is like equating two different things," said Mark Lesko, a ex federal prosecutor for the Eastern District of New York.
The Specifics of Bolton's Legal Situation
Bolton has been criminally indicted on national allegations pertaining to the supposed improper handling of sensitive materials. Since departing the White House in 2019, he has emerged as a vocal presidential opponent, even to describe him "stunningly uninformed" and unsuitable for office in his book.
Specialists contend that while there may be political motivations to go after Bolton, the procedures used to secure an indictment and the proof gathered against him indicate a possibly stronger case than the DOJ presented against Comey.
"These actions that's being claimed is both more severe and appears to have taken place over a significant period of time," said Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.
During his tenure as Trump's security advisor, and following his 2019 White House departure, prosecutors claimed that Bolton placed the nation at danger by wrongfully keeping and sending sensitive documents to relatives using unprotected methods, including AOL. Several of the materials were marked top secret.
The charge alleges that at one point a hacker gained access to Bolton's account where files were stored and sent an seeming threat to cause "the biggest scandal since Hillary [Clinton]'s emails were released".
Bolton entered a not guilty plea during a court appearance on recently to eighteen separate charges of improperly handling sensitive materials.
Political Motivation or a Strong Legal Argument?
The timing of his indictment - arriving on the tails of allegations against Comey - has revived concerns about political pressure on the justice system.
Trump once suggested Bolton belonged in prison, and described him a "disreputable person". Bolton, for his role, wrote a book about his time 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 strength of these charges, and why these charges are being filed at this time," stated Jamil Jaffer, founder and executive director of the National Security Institute.
However, he continued, "should the DOJ is able to demonstrate the facts stated and demonstrate the material is correctly designated, his conduct may certainly have broken the law".
Charging such a senior official for improperly handling sensitive materials is "uncommon" but not without precedent, noted Carrie Cordero, a expert at the Center for a New American Security.
"Situations that concern sensitive materials present difficulties to try, but they may and are brought against equally junior and high-level personnel, from time to time," she said.
Similarities to Examinations into Trump and President
Trump similarly faced charges of wrongfully storing classified documents at his Mar-a-Lago property in Florida and obstructing their recovery, but that case was ultimately dismissed by a court official and negated by his return as leader.
A independent investigator also determined that ex-President Joe Biden improperly maintained classified documents from his period as second-in-command, but did not prosecute him.
Bolton's case bears similarities to Biden's sensitive materials matters, noted Mr Lesko, who also held a senior security position at the Justice Department.
Strict protocols regulate the management of sensitive materials. To win a conviction, the government must demonstrate that Bolton knew the material he was transmitting was classified, and he had to knowingly transmit it to someone not entitled to receive it.
"Because of the sensitive nature of the information at question in this case, we don't have a great deal of details about the reasons the prosecution contends elements like the diary entries and the additional material he shared by electronic message, and why there were classified," explained Mr Jaffer.
A Increasingly Traditional Legal Action
The process by which the Justice Department brought this legal action will be under scrutiny, after Trump publicly posted his desire to see his critics charged and some of those charges materialized.
But Mr Lesko indicated in Bolton's situation, authorities appear to have adhered to standard procedure.
"This Bolton prosecution and ultimately the indictment seemed to have observed the regular procedure including the rules and norms within the Department of Justice," he stated.
In contrast to Comey's short, two-page charge, Bolton's was a increasingly "traditional" filing that "clearly outlines the details involving the circumstances and circumstances here," Mr Lesko commented.
"It appears fairly consistent with a long line of precedents... where public servants improperly handled and shared classified material."