🔗 Share this article

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

"We can't delay further, it's killing our standing and trustworthiness," the leader stated recently in a social media message.

"I was impeached me, and indicted me (5 times!)" he said, mentioning the four criminal cases he faced after leaving the White House in 2021 and James's lawsuit.

Both have since been charged, in situations that many specialists have said seem to be politically motivated and challenging to succeed in court.

But the latest allegations against a presidential opponent, former national security adviser John Bolton, differ significantly, legal experts and former prosecutors say.

"I would say, contrasting Bolton's case to Comey's is like comparing two different things," said Mark Lesko, a former federal prosecutor for the Eastern District of New York.

The Specifics of the Case

Bolton has been formally charged on national allegations related to the alleged improper handling of sensitive materials. Since departing the White House in 2019, he has become a outspoken presidential opponent, going so far as to call him "remarkably ignorant" and unfit for the presidency in his book.

Specialists contend that while there may be political motivations to target Bolton, the methods used to secure an indictment and the evidence compiled against him suggest a potentially more substantial case than the Justice Department brought against James.

"This misconduct that's being alleged is both more serious and seems to have taken place over a considerable duration," said Carissa Byrne Hessick, a academic at the University of North Carolina School of Law.

Throughout his tenure as Trump's security advisor, and following his 2019 White House exit, prosecutors alleged that Bolton put the nation at risk by improperly keeping and transmitting sensitive documents to relatives using insecure means, including AOL. Several of the documents were labeled top secret.

The indictment states that at a certain time a unauthorized user accessed to Bolton's system where documents were stored and transmitted an apparent warning to cause "the largest scandal since Hillary [Clinton]'s emails were released".

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

Political Motivation or a Substantial Case?

The timing of his indictment - coming on the heels of allegations against James - has revived concerns about political pressure on the legal system.

Trump once implied Bolton belonged in jail, and described him a "sleazebag". Bolton, for his role, wrote a book about his experience in the Trump administration that was highly critical of the leader.

"Undoubtedly that the schedule of this indictment, when paired with others, has raised questions about the validity of these allegations, and the reason these charges are being brought now," said Jamil Jaffer, creator and executive director of the National Security Institute.

However, he continued, "should the DOJ is capable to prove the allegations alleged and show the material is properly classified, his conduct may very well have violated the statute".

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

"Cases that concern sensitive materials present challenges to prosecute, but they can and are brought against both low-level and senior officials, from occasionally," she said.

Parallels to Examinations into Former President and President

Trump likewise encountered charges of improperly keeping sensitive materials at his Mar-a-Lago resort in Florida and hindering their recovery, but that case was ultimately thrown out by a federal judge and negated by his return as leader.

A special counsel additionally found that former President Joe Biden wrongfully stored sensitive materials from his time as vice president, but failed to prosecute him.

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

Rigorous procedures govern the handling of classified documents. To secure a guilty verdict, the prosecution must prove that Bolton was aware the information he was sending was restricted, and he had to intentionally transfer it to someone without authorization to obtain it.

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

A More Conventional Legal Action

The process by which the DOJ initiated this case will be under scrutiny, following Trump openly expressed his desire to see his political opponents prosecuted and several of those indictments came to fruition.

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

"This Bolton case and eventually the indictment seemed to have followed the standard procedure including the rules and norms within the Department of Justice," he stated.

Unlike Comey's short, concise charge, Bolton's was a increasingly "traditional" document that "explicitly outlines the details involving the facts and circumstances here," Mr Lesko said.

"It seems reasonably aligned with a long line of precedents... where government officials mishandled and transmitted sensitive information."