🔗 Share this article

Ex-President Donald Trump has consistently expressed his wish to see critics probed, applying pressure on the DOJ to charge ex FBI Director James Comey and New York Attorney General Letitia James.

"We cannot postpone any longer, it's killing our reputation and credibility," the president stated last month in a Truth Social post.

"I was impeached twice, and charged me (five times!)" he declared, referencing the multiple legal proceedings he faced after leaving the White House in 2021 and James's lawsuit.

Each have subsequently been indicted, in cases that numerous experts have stated seem to be politically motivated and challenging to win in court.

But the most recent allegations against a presidential opponent, ex national security adviser John Bolton, differ significantly, legal specialists and ex-prosecutors assert.

"In my opinion, comparing Bolton's charges to Comey's is like equating apples to oranges," stated 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 related to the alleged improper handling of classified information. After leaving the White House in 2019, he has become a vocal presidential opponent, even to call him "stunningly uninformed" and unfit for the presidency in his memoir.

Experts say that while there may be political reasons to go after Bolton, the methods used to obtain an indictment and the proof compiled against him suggest a possibly more substantial legal argument than the DOJ brought against James.

"This misconduct that's being alleged is both more severe and seems to have occurred over a considerable period of time," commented Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.

During his time as Trump's national security adviser, and following his 2019 White House exit, prosecutors alleged that Bolton placed the nation at danger by improperly keeping and transmitting sensitive documents to relatives using insecure means, including AOL. Several of the materials were marked highly classified.

The indictment alleges that at one point a hacker gained access to Bolton's account where documents were stored and sent an seeming warning to cause "the largest scandal since Hillary [Clinton]'s emails were released".

Bolton entered a not guilty plea during a court appearance on recently to 18 distinct counts of improperly handling classified information.

Retribution or a Substantial Legal Argument?

The schedule of his charge - arriving on the heels of charges against James - has renewed questions about external influence on the justice system.

Trump once implied Bolton should be in prison, and described him a "disreputable person". Bolton, for his role, wrote a publication about his time in the Trump government that was highly critical of the leader.

"There's no question that the timing of this indictment, when paired with additional cases, has raised questions about the strength of these allegations, and the reason these charges are being filed at this time," stated Jamil Jaffer, creator and director of the National Security Institute.

Nevertheless, he added, "should the Justice Department is capable to prove the facts alleged and demonstrate the information is correctly designated, his conduct may certainly have broken the law".

Prosecuting such a senior official for mishandling sensitive materials is "rare" but not unprecedented, said Carrie Cordero, a expert at the Center for a New American Security.

"Situations that concern classified information present difficulties to prosecute, but they can and are filed against both junior and high-level officials, from time to time," she explained.

Similarities to Examinations into Former President and Biden

Trump similarly faced charges of wrongfully keeping sensitive materials at his Mar-a-Lago resort in Florida and hindering their return, but that matter was ultimately thrown out by a federal judge and voided by his re-election as leader.

A independent investigator also determined that ex-President Joe Biden improperly stored classified documents from his time as vice president, but did not criminally charge him.

Bolton's case shares characteristics to Trump's classified documents matters, noted Mr Lesko, who previously held a senior security role at the Justice Department.

Strict protocols regulate the handling of classified documents. To win a conviction, the prosecution must demonstrate that Bolton was aware the material he was transmitting was restricted, and he had to knowingly transfer it to someone not entitled to receive it.

"Due to the classified character of the material at question in this case, we lack a great deal of details about why the prosecution believes elements like the personal notes and the other material he communicated by email, and the reason there were classified," explained Mr Jaffer.

A More Conventional Prosecution

The procedure by which the Justice Department brought this case will be closely examined, after Trump publicly expressed his desire to see his political opponents prosecuted and some of those charges came to fruition.

But Mr Lesko said in Bolton's case, authorities appear to have followed protocol.

"This Bolton prosecution and ultimately the charge seemed to have observed the standard process 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" filing that "clearly outlines the particulars involving the circumstances and circumstances here," Mr Lesko said.

"It appears reasonably aligned with a long line of precedents... where public servants mishandled and shared sensitive information."