How this Bolton Case Stands Apart Substantially from Other Trump Opponents

Former national security adviser John Bolton appears at court
Ex national security adviser John Bolton arrives at court on recently.

Ex-President Donald Trump has consistently shown his desire to see critics investigated, exerting influence on the Justice Department to charge former FBI Director James Comey and New York Attorney General Letitia James.

"We can't delay any longer, it's damaging our standing and trustworthiness," the leader wrote last month in a Truth Social message.

"They impeached twice, and charged me (5 times!)" he said, referencing the multiple legal proceedings he faced after departing the White House in 2021 and James's lawsuit.

Both have since been indicted, in situations that numerous experts have said appear to be driven by politics and difficult to succeed in legal proceedings.

But the most recent charges against a presidential opponent, former security advisor John Bolton, differ significantly, legal specialists and former prosecutors say.

"In my opinion, contrasting Bolton's charges to Comey's is like comparing two different things," said Mark Lesko, a ex acting US attorney for the Eastern District of New York.

This Specifics of the Case

Bolton has been criminally indicted on federal charges related to the alleged mishandling of classified information. After departing the White House in 2019, he has become a vocal presidential opponent, even to describe him "remarkably ignorant" and unsuitable 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 evidence compiled against him suggest a possibly stronger case than the Justice Department brought against Comey.

"These actions that's being alleged is both more serious and seems 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 after his 2019 White House departure, authorities alleged that Bolton put the nation at danger by wrongfully keeping and sending classified information to relatives using unprotected methods, including AOL. Several of the documents were labeled highly classified.

The indictment alleges that at a certain time a hacker gained access to Bolton's account where documents were kept and transmitted an apparent threat to cause "the biggest controversy since Hillary [Clinton]'s emails were released".

Bolton pleaded not guilty during a hearing on recently to eighteen distinct counts of mishandling sensitive materials.

Political Motivation or a Substantial Case?

The schedule of his charge - arriving on the heels of charges against James - has renewed questions about political pressure on the legal system.

Trump previously suggested Bolton should be in jail, and described him a "sleazebag". Bolton, for his role, wrote a book about his time in the Trump administration that was sharply negative of the president.

"Undoubtedly that the timing of this indictment, when combined with others, has prompted questions about the validity of these allegations, and why these counts are being filed now," stated Jamil Jaffer, creator and director of the National Security Institute.

Nevertheless, he added, "if the DOJ is able to demonstrate the allegations stated and demonstrate the information is correctly classified, his behavior may very well have broken the law".

Charging such a high-ranking figure for mishandling classified documents is "rare" but not unprecedented, noted Carrie Cordero, a senior fellow at the Center for a New American Security.

"Cases that concern sensitive materials present challenges to prosecute, but they may and are filed against both low-level and high-level personnel, from time to time," she said.

Similarities to Investigations into Trump and Biden

Trump similarly encountered charges of wrongfully storing classified documents at his Mar-a-Lago property in Florida and hindering their recovery, but that case was ultimately thrown out by a court official and negated by his re-election as leader.

A independent investigator also determined that ex-President Joe Biden improperly stored sensitive materials from his time as vice president, but did not prosecute him.

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

Strict procedures regulate the handling of sensitive materials. To secure a conviction, the prosecution must prove that Bolton was aware the material he was sending was classified, and he had to intentionally transfer it to someone without authorization to obtain it.

"Due to the sensitive character of the material at issue in this case, we lack a lot of details about why the government contends things like the diary entries and the additional material he shared by electronic message, and the reason there were classified," said Mr Jaffer.

A Increasingly Conventional Legal Action

The procedure by which the Justice Department brought this case will be under scrutiny, after Trump publicly posted his wish to see his political opponents prosecuted and several of those charges materialized.

But Mr Lesko indicated in Bolton's case, prosecutors appear to have adhered to protocol.

"This Bolton case and ultimately the indictment appeared to have observed the regular procedure including the regulations and norms within the DOJ," he stated.

Unlike Comey's short, concise charge, Bolton's was a increasingly "conventional" filing that "explicitly outlines the details concerning the circumstances and circumstances here," Mr Lesko commented.

"It seems reasonably aligned with a series of cases... where government officials mishandled and transmitted sensitive information."

Julie Daugherty
Julie Daugherty

A former professional poker player turned betting analyst, specializing in UK sports markets and responsible gambling practices.