Why the John Bolton Case Differs Significantly from Other Former President Opponents
Ex-President Donald Trump has consistently shown his wish to see opponents investigated, applying influence on the DOJ to prosecute former FBI Director James Comey and New York Attorney General Letitia James.
"We cannot postpone further, it's killing our reputation and credibility," the president wrote last month in a social media message.
"I was impeached twice, and indicted me (5 times!)" he declared, referencing the multiple legal proceedings he faced after departing the White House in 2021 and James's lawsuit.
Both have since been charged, in cases that many specialists have stated appear to be politically motivated and difficult to win in legal proceedings.
But the latest charges against a Trump critic, ex national security adviser John Bolton, stand apart, legal specialists and ex-prosecutors say.
"In my opinion, comparing Bolton's case to James' is like equating apples to oranges," said Mark Lesko, a former federal prosecutor for the Eastern District of New York.
This Details of Bolton's Legal Situation
Bolton has been criminally indicted on federal charges related to the supposed mishandling of sensitive materials. Since departing the White House in 2019, he has become a outspoken presidential opponent, even to call him "remarkably ignorant" and unfit for the presidency in his book.
Specialists say that while there may be political reasons to target Bolton, the methods used to obtain an charge and the evidence gathered against him indicate a possibly stronger case than the DOJ brought against James.
"These actions that's being alleged is simultaneously more severe and seems to have occurred over a considerable duration," said Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.
Throughout his tenure as Trump's security advisor, and after his 2019 White House departure, prosecutors claimed that Bolton put the country at danger by improperly retaining and sending classified information to family members using insecure means, including AOL. Several of the documents were marked highly classified.
The indictment alleges that at a certain time a hacker accessed to Bolton's account where documents were kept and sent an apparent threat to cause "the largest controversy since Hillary [Clinton]'s emails were leaked".
Bolton pleaded not guilty during a court appearance on recently to 18 separate charges of improperly handling sensitive materials.
Political Motivation or a Strong Case?
The schedule of his charge - coming on the heels of charges against Comey - has revived concerns about political pressure on the justice system.
Trump previously implied Bolton should be in prison, and described him a "sleazebag". Bolton, for his part, authored a book about his experience in the Trump government that was highly critical of the leader.
"There's no question that the schedule of this charge, when paired with additional cases, has prompted questions about the validity of these charges, and why these charges are being filed now," stated Jamil Jaffer, creator and executive director of the National Security Institute.
Nevertheless, he continued, "should the DOJ is capable to demonstrate the allegations stated and demonstrate the information is correctly designated, his behavior may certainly have broken the law".
Charging such a senior official for mishandling sensitive materials is "uncommon" but not without precedent, said Carrie Cordero, a expert at the Center for a New American Security.
"Situations that involve sensitive materials pose challenges to prosecute, but they can and are brought against equally low-level and high-level personnel, from occasionally," she said.
Similarities to Examinations into Former President and Biden
Trump similarly faced charges of wrongfully storing sensitive materials at his Mar-a-Lago resort in Florida and obstructing their recovery, but that matter was eventually dismissed by a federal judge and voided by his return as leader.
A independent investigator additionally determined that ex-President Joe Biden wrongfully stored sensitive materials from his time as vice president, but failed to prosecute him.
Bolton's case shares characteristics to Trump's sensitive materials matters, said Mr Lesko, who also held a top security position at the DOJ.
Rigorous protocols govern the handling of classified documents. To secure a conviction, the government must prove that Bolton was aware the material he was sending was classified, and he had to intentionally transfer it to someone not entitled to obtain it.
"Due to the sensitive nature of the information at issue in this case, we don't have a great deal of details about the reasons the government contends elements like the diary entries and the other material he shared by email, and the reason there were restricted," said Mr Jaffer.
A More Traditional Prosecution
The process by which the Justice Department brought this case will be under scrutiny, following Trump openly expressed his desire to see his political opponents prosecuted and some of those indictments came to fruition.
But Mr Lesko said in Bolton's situation, prosecutors seem to have adhered to protocol.
"The Bolton prosecution and eventually the indictment seemed to have observed the standard procedure including the regulations and norms within the Department of Justice," he said.
In contrast to Comey's brief, two-page indictment, Bolton's was a increasingly "traditional" document that "explicitly outlines the details involving the circumstances and circumstances in this instance," Mr Lesko said.
"It appears fairly consistent with a long line of cases... where government officials mishandled and transmitted sensitive information."