🔗 Share this article

Former President Donald Trump has consistently shown his wish to see critics probed, exerting pressure on the DOJ to charge ex FBI Director James Comey and New York Attorney General Letitia James.

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

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

Each have subsequently been indicted, in cases that numerous specialists have stated seem to be politically motivated and challenging to win in legal proceedings.

But the most recent charges against a presidential opponent, former national security adviser John Bolton, differ significantly, legal specialists and former prosecutors say.

"In my opinion, comparing Bolton's charges to Comey's is like equating two different things," said Mark Lesko, a former federal prosecutor for the Eastern District of New York.

This Details of the Legal Situation

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

Specialists contend that while there may be political reasons to go after Bolton, the procedures used to secure an indictment and the evidence gathered against him suggest a potentially more substantial legal argument than the DOJ brought against James.

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

Throughout his tenure as Trump's security advisor, and after his 2019 White House exit, authorities claimed that Bolton put the country at danger by wrongfully keeping and sending sensitive documents to relatives using insecure means, including AOL. Several of the documents were marked top secret.

The charge alleges that at one point a unauthorized user gained access to Bolton's system where files were stored and transmitted an apparent 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 distinct charges of mishandling sensitive materials.

Political Motivation or a Strong Legal Argument?

The schedule of his indictment - coming on the tails of allegations against Comey - has renewed questions about external influence on the justice system.

Trump once suggested Bolton should be in jail, and called him a "sleazebag". Bolton, for his part, authored a book about his experience in the Trump government that was sharply negative of the leader.

"There's no question 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 filed at this time," said Jamil Jaffer, creator and executive director of the National Security Institute.

Nevertheless, he added, "if the DOJ is able to prove the allegations stated and demonstrate the material is correctly classified, his conduct may very well have broken the law".

Prosecuting such a senior figure for mishandling classified documents is "uncommon" but not without precedent, noted Carrie Cordero, a senior fellow at the Center for a New American Security.

"Cases that concern sensitive materials pose challenges to try, but they may and are filed against both low-level and high-level officials, from time to time," she explained.

Similarities to Examinations into Trump and President

Trump similarly encountered allegations of improperly keeping sensitive materials at his Mar-a-Lago resort in Florida and hindering 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 ex-President Joe Biden wrongfully maintained sensitive materials from his period as second-in-command, but failed to prosecute him.

Bolton's case shares characteristics to Biden's classified documents matters, noted Mr Lesko, who previously held a top national security role at the DOJ.

Rigorous protocols govern the handling of classified documents. To secure a conviction, the prosecution must demonstrate that Bolton knew the material he was transmitting was classified, and he had to intentionally transmit it to someone without authorization to obtain it.

"Because of the classified character of the information at question in this case, we don't have a lot of details about the reasons the prosecution contends elements like the diary entries and the other information he shared by email, and the reason there were classified," said Mr Jaffer.

A Increasingly Traditional Legal Action

The procedure by which the Justice Department brought this legal action will be closely examined, following Trump openly expressed his desire to see his political opponents prosecuted and some of those indictments came to fruition.

But Mr Lesko said in Bolton's case, prosecutors seem to have followed protocol.

"The Bolton case and ultimately the charge appeared to have observed the standard procedure including the rules and standards within the Department of Justice," he said.

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

"It appears fairly aligned with a long line of cases... where government officials mishandled and shared classified material."