🔗 Share this article

Former President Donald Trump has consistently expressed his desire to see critics probed, exerting pressure 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 killing our standing and trustworthiness," the president wrote recently in a Truth Social message.

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

Each have subsequently been indicted, in situations that numerous specialists have stated seem to be politically motivated and difficult to succeed in court.

But the most recent allegations against a presidential opponent, ex national security adviser John Bolton, stand apart, legal experts and ex-prosecutors assert.

"I would say, contrasting Bolton's case to James' is like equating two different things," said Mark Lesko, a ex acting US attorney for the Eastern District of New York.

The Specifics of Bolton's Legal Situation

Bolton has been formally charged on national allegations related to the supposed mishandling of sensitive materials. After departing the White House in 2019, he has emerged as a vocal presidential opponent, going so far as to describe him "remarkably ignorant" and unsuitable for office in his book.

Experts say that while there may be political motivations to target Bolton, the procedures used to obtain an indictment and the evidence gathered against him suggest a potentially more substantial case than the DOJ brought against Comey.

"These actions that's being claimed is simultaneously more serious and seems to have taken place over a considerable duration," commented Carissa Byrne Hessick, a academic at the University of North Carolina School of Law.

During his time as Trump's national security adviser, and following his 2019 White House departure, prosecutors alleged that Bolton placed the country at risk by wrongfully keeping and sending sensitive documents to relatives using insecure means, including AOL. Some of the documents were marked top secret.

The charge alleges that at one point a hacker accessed to Bolton's system where documents were kept and sent an apparent threat to cause "the biggest controversy since Hillary [Clinton]'s emails were released".

Bolton entered a not guilty plea during a hearing on Friday to 18 distinct counts of mishandling sensitive materials.

Retribution or a Strong Case?

The schedule of his charge - coming on the heels of allegations against James - has renewed concerns about external influence on the legal system.

Trump once suggested Bolton should be in prison, and called him a "disreputable person". Bolton, for his part, wrote a book about his experience in the Trump government that was highly critical of the president.

"Undoubtedly that the timing of this indictment, when combined with additional cases, has raised doubts about the validity of these allegations, and the reason these counts are being brought now," said Jamil Jaffer, founder and executive director of the National Security Institute.

However, he continued, "should the DOJ is able to prove the facts stated and demonstrate the material is properly classified, his conduct may certainly have broken the statute".

Prosecuting such a high-ranking figure for improperly handling classified documents is "rare" but not without precedent, said Carrie Cordero, a senior fellow at the Center for a New American Security.

"Situations that involve sensitive materials present difficulties to prosecute, but they may and are filed against both low-level and senior personnel, from occasionally," she explained.

Similarities to Investigations into Former President and President

Trump similarly encountered charges of improperly keeping classified documents at his Mar-a-Lago resort in Florida and obstructing their return, but that matter was eventually dismissed by a federal judge and negated by his return as leader.

A special counsel also determined that former President Joe Biden improperly maintained classified documents from his period as second-in-command, but failed to prosecute him.

Bolton's situation bears similarities to Biden's sensitive materials issues, said Mr Lesko, who previously held a top national security position at the Justice Department.

Strict procedures govern the handling of sensitive materials. To secure a guilty verdict, the prosecution must prove that Bolton was aware the information he was sending was classified, and he had to knowingly transmit it to someone without authorization to obtain it.

"Because of the classified nature of the information at question in this case, we don't have a great deal of details about the reasons the prosecution contends things like the diary entries and the other material he communicated by email, and why there were restricted," said Mr Jaffer.

A More Traditional Legal Action

The procedure by which the Justice Department initiated this case will be closely examined, after Trump openly expressed his wish to see his political opponents prosecuted and some of those charges materialized.

But Mr Lesko indicated in Bolton's situation, authorities appear to have followed standard procedure.

"The Bolton prosecution and ultimately the indictment appeared to have followed the standard process including the rules and standards within the Department of Justice," he stated.

Unlike Comey's brief, two-page charge, Bolton's was a more "traditional" document that "clearly outlines the details involving the circumstances and situation in this instance," Mr Lesko commented.

"It seems fairly consistent with a long line of precedents... where government officials improperly handled and shared classified material."