How this Bolton Case Stands Apart Significantly from Other Former President Critics

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

Former President Donald Trump has consistently expressed his desire to see opponents probed, applying influence on the DOJ to prosecute former FBI Director James Comey and New York Attorney General Letitia James.

"We can't delay any longer, it's damaging our reputation and trustworthiness," the president wrote recently in a social media message.

"They impeached twice, and charged me (5 times!)" he said, mentioning the four criminal cases he encountered after departing the White House in 2021 and James's civil case.

Each have since been charged, in cases that numerous specialists have said appear to be driven by politics and difficult to succeed in legal proceedings.

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

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

The Specifics of the Case

Bolton has been formally charged on national allegations pertaining to the supposed improper handling of sensitive materials. After leaving the White House in 2019, he has become a outspoken Trump critic, even to describe him "remarkably ignorant" and unsuitable for the presidency in his book.

Experts contend that while there may be political motivations to go after Bolton, the methods used to secure an indictment and the evidence compiled against him indicate a possibly more substantial case than the Justice Department presented against James.

"These actions that's being alleged is simultaneously more serious and seems to have taken place over a considerable period of time," commented Carissa Byrne Hessick, a academic 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 claimed that Bolton put the country at risk by improperly retaining and transmitting sensitive documents to family members using unprotected methods, including AOL. Several of the documents were labeled highly classified.

The charge alleges that at one point a unauthorized user accessed to Bolton's system where documents were stored and sent an seeming threat to cause "the biggest controversy since Hillary [Clinton]'s emails were leaked".

Bolton entered a not guilty plea during a hearing on Friday to 18 separate charges of improperly handling classified information.

Political Motivation or a Substantial Case?

The timing of his charge - coming on the heels of charges against James - has renewed concerns about political pressure on the legal system.

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

"Undoubtedly that the timing of this indictment, when combined with additional cases, has prompted questions about the validity of these charges, and why these charges are being brought now," stated Jamil Jaffer, creator and executive director of the National Security Institute.

Nevertheless, he added, "if the DOJ is able to demonstrate the facts alleged and show the information is properly classified, his behavior may certainly have violated the statute".

Prosecuting such a senior figure for improperly handling classified documents is "uncommon" but not unprecedented, noted Carrie Cordero, a senior fellow at the Center for a New American Security.

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

Parallels to Examinations into Trump and Biden

Trump likewise encountered charges of improperly keeping sensitive materials at his Mar-a-Lago property in Florida and obstructing their return, but that matter was eventually dismissed by a federal judge and voided by his return as leader.

A special counsel also determined that former President Joe Biden wrongfully stored sensitive materials from his time as second-in-command, but failed to criminally charge him.

Bolton's case shares characteristics to Trump's sensitive materials matters, said Mr Lesko, who also held a top security position at the Justice Department.

Strict protocols govern the management of classified documents. To win a conviction, the government must demonstrate that Bolton was aware the material he was sending was restricted, and he had to intentionally transfer it to someone not entitled to obtain it.

"Due to the classified nature of the information at issue in this case, we don't have a lot of particulars about the reasons the government believes things like the diary entries and the additional material he shared by email, and why there were restricted," explained Mr Jaffer.

A More Conventional Prosecution

The process by which the Justice Department initiated this legal action will be closely examined, after Trump publicly posted his desire to see his critics charged and several of those charges materialized.

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

"This Bolton prosecution and eventually the charge appeared to have followed the regular procedure including the rules and standards within the DOJ," he stated.

Unlike Comey's short, concise charge, Bolton's was a more "conventional" filing that "clearly outlines the particulars involving the facts and circumstances in this instance," Mr Lesko commented.

"It appears fairly consistent with a long line of precedents... where public servants improperly handled and transmitted classified material."

Lisa Galloway
Lisa Galloway

A passionate storyteller and digital content creator with a background in creative writing and journalism.