Why the Bolton Legal Situation Stands Apart Substantially from Additional Former President Opponents

Former security advisor John Bolton appears at the courthouse
Ex security advisor John Bolton arrives at the courthouse on Friday.

Ex-President Donald Trump has repeatedly expressed his wish to see opponents investigated, exerting pressure on the DOJ to charge former FBI Director James Comey and New York Attorney General Letitia James.

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

"I was impeached me, and indicted me (5 times!)" he said, mentioning the multiple legal proceedings he encountered after departing the White House in 2021 and James's lawsuit.

Each have since been indicted, in situations that many experts have stated appear to be driven by politics and challenging to succeed in court.

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

"I would say, comparing Bolton's charges to James' is like comparing apples to oranges," stated Mark Lesko, a former acting US attorney for the Eastern District of New York.

The Details of Bolton's Case

Bolton has been criminally indicted on national allegations related to the supposed improper handling of sensitive materials. Since departing the White House in 2019, he has become a vocal presidential opponent, going so far as to describe him "remarkably ignorant" and unsuitable for office in his memoir.

Experts contend that while there may be political reasons to go after Bolton, the methods used to secure an indictment and the evidence gathered against him indicate a possibly more substantial legal argument than the DOJ brought against Comey.

"These actions that's being claimed is both more severe and appears to have taken place over a considerable duration," commented 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 placed the nation at risk by improperly keeping and sending classified information to relatives using insecure means, including AOL. Some of the documents were labeled top secret.

The charge alleges that at a certain time a unauthorized user gained access to Bolton's system where documents were kept and sent an apparent threat to cause "the largest scandal since Hillary [Clinton]'s emails were released".

Bolton entered a not guilty plea during a hearing on recently to eighteen separate charges of mishandling classified information.

Political Motivation or a Substantial Case?

The timing of his indictment - arriving on the heels of allegations against Comey - has revived concerns about external influence on the justice system.

Trump previously suggested Bolton belonged in jail, and called him a "disreputable person". Bolton, for his role, authored a publication 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 prompted questions about the validity of these allegations, and why these charges are being filed now," stated Jamil Jaffer, creator and director of the National Security Institute.

Nevertheless, he added, "should the Justice Department is capable to prove the facts stated and show the material is properly designated, his behavior may very well have broken the law".

Prosecuting such a high-ranking figure for mishandling sensitive materials is "uncommon" but not unprecedented, said Carrie Cordero, a senior fellow at the Center for a New American Security.

"Situations that involve sensitive materials present challenges to try, but they can and are brought against equally low-level and senior officials, from time to time," she said.

Similarities to Examinations into Trump and President

Trump similarly encountered charges of wrongfully keeping classified documents at his Mar-a-Lago property in Florida and obstructing their return, but that matter was ultimately thrown out by a court official and negated by his return as leader.

A independent investigator additionally found that ex-President Joe Biden improperly stored classified documents from his period as vice president, but did not prosecute him.

Bolton's case shares characteristics to Biden's sensitive materials matters, noted Mr Lesko, who also held a senior national security position at the Justice Department.

Rigorous protocols regulate the management of sensitive materials. To secure a guilty verdict, the government must prove that Bolton knew the information he was sending was classified, and he had to intentionally transfer it to someone not entitled to obtain it.

"Because of the sensitive character of the material at issue in this case, we lack a lot of particulars about why the prosecution contends things like the personal notes and the other information he communicated by email, and why there were classified," said Mr Jaffer.

A Increasingly Traditional Legal Action

The process by which the Justice Department brought this legal action will be under scrutiny, after Trump publicly posted his desire to see his political opponents prosecuted and some of those charges materialized.

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

"This Bolton case and ultimately the charge appeared to have followed the regular procedure including the regulations and norms within the DOJ," he said.

In contrast to Comey's brief, two-page charge, Bolton's was a more "conventional" filing that "explicitly outlines the details involving the facts and situation in this instance," Mr Lesko commented.

"It seems reasonably consistent with a long line of precedents... where public servants mishandled and shared classified material."

Michelle Woodard
Michelle Woodard

A software engineer and retro computing enthusiast who restores vintage computers and writes about their historical significance.