🔗 Share this article

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

"We can't delay further, it's damaging our reputation and credibility," the president stated last month in a Truth Social message.

"They impeached twice, and charged me (5 times!)" he declared, mentioning the multiple legal proceedings he faced after leaving the White House in 2021 and James's civil case.

Both have subsequently been charged, in cases that many specialists have stated seem to be politically motivated and difficult to succeed in legal proceedings.

But the most recent charges against a presidential opponent, ex security advisor John Bolton, differ significantly, legal experts and ex-prosecutors assert.

"I would say, comparing Bolton's charges to James' is like equating two different things," stated Mark Lesko, a former federal prosecutor for the Eastern District of New York.

The Specifics of the Legal Situation

Bolton has been formally charged on federal charges pertaining to the supposed improper handling of classified information. Since leaving the White House in 2019, he has emerged as a vocal Trump critic, even to describe him "remarkably ignorant" and unfit for office in his memoir.

Experts contend that while there may be political motivations to go after Bolton, the procedures used to secure an indictment and the proof compiled against him indicate a possibly stronger legal argument than the Justice Department presented against James.

"These actions that's being alleged is simultaneously 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 after his 2019 White House exit, authorities alleged that Bolton placed the country at risk by improperly retaining and sending sensitive documents to family members using unprotected methods, including AOL. Several of the materials were marked highly classified.

The indictment states that at a certain time a hacker accessed to Bolton's system where documents were kept and sent an apparent threat to cause "the largest scandal since Hillary [Clinton]'s emails were leaked".

Bolton entered a not guilty plea during a court appearance on Friday to 18 distinct counts of mishandling classified information.

Political Motivation or a Strong Legal Argument?

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

Trump once implied Bolton belonged in jail, and called him a "disreputable person". Bolton, for his part, authored a book about his time in the Trump government that was highly critical of the president.

"Undoubtedly that the schedule of this charge, when combined with additional cases, has raised questions about the strength of these charges, and why these counts are being filed now," stated Jamil Jaffer, creator and director of the National Security Institute.

Nevertheless, he continued, "should the DOJ is able to demonstrate the facts alleged and demonstrate the material is correctly classified, his conduct may very well have violated the law".

Prosecuting such a senior official for improperly handling sensitive materials is "uncommon" but not without precedent, noted Carrie Cordero, a senior fellow at the Center for a New American Security.

"Cases that concern classified information pose challenges to prosecute, but they may and are brought against equally low-level and senior officials, from time to time," she said.

Similarities to Examinations into Former President and Biden

Trump similarly faced allegations of wrongfully keeping classified documents at his Mar-a-Lago property in Florida and obstructing their recovery, but that case was ultimately dismissed by a federal judge and negated by his re-election as president.

A special counsel also found that former President Joe Biden wrongfully stored sensitive materials from his period as second-in-command, but did not prosecute him.

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

Rigorous procedures govern the handling of sensitive materials. To secure a conviction, the prosecution must prove that Bolton knew the material he was sending was restricted, and he had to knowingly transfer it to someone without authorization to receive it.

"Due to the classified nature of the information at question in this case, we lack a lot of details about the reasons the prosecution contends elements like the diary entries and the other material he shared by electronic message, and why there were classified," said Mr Jaffer.

A Increasingly Traditional Prosecution

The procedure by which the Justice Department initiated this legal action will be under scrutiny, following Trump publicly posted his wish to see his critics prosecuted and several of those charges came to fruition.

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

"The Bolton prosecution and eventually the charge appeared to have observed the standard procedure including the rules and standards within the DOJ," he said.

In contrast to Comey's short, two-page charge, Bolton's was a more "traditional" document that "clearly sets forth the details involving the circumstances and situation in this instance," Mr Lesko commented.

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