Why the John Bolton Case Differs Substantially from Other Former President Opponents

Ex security advisor John Bolton arrives at court
Ex national security adviser John Bolton appears at court on Friday.

Former President Donald Trump has consistently shown his wish to see critics investigated, exerting pressure on the Justice Department to prosecute former FBI Director James Comey and New York Attorney General Letitia James.

"We can't delay any longer, it's damaging our reputation and credibility," the leader stated last month in a social media post.

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

Both have since been charged, in cases that many specialists have said appear to be politically motivated and difficult to succeed in court.

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

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

The Specifics of the Legal Situation

Bolton has been formally charged on national allegations related to the alleged mishandling of classified information. Since leaving the White House in 2019, he has emerged as a vocal Trump critic, going so far as to call him "stunningly uninformed" and unfit for office in his memoir.

Experts say that while there may be political motivations to target Bolton, the procedures used to secure an indictment and the proof compiled against him suggest a potentially more substantial legal argument than the DOJ brought against James.

"These actions that's being claimed is simultaneously more severe and seems to have taken place over a significant period of time," commented Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.

Throughout his tenure as Trump's national security adviser, and following his 2019 White House exit, authorities claimed that Bolton placed the nation at danger by wrongfully retaining and transmitting sensitive documents to relatives using insecure means, including AOL. Some of the documents were labeled top secret.

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

Bolton pleaded not guilty during a court appearance on recently to eighteen distinct counts of improperly handling sensitive materials.

Retribution or a Substantial Legal Argument?

The schedule of his indictment - coming on the tails of charges against Comey - has renewed questions about political pressure on the legal system.

Trump once implied Bolton should be in jail, and described him a "disreputable person". Bolton, for his part, wrote a publication about his experience in the Trump government that was sharply negative of the leader.

"Undoubtedly that the timing of this charge, when combined with others, has raised questions about the validity of these charges, and the reason these charges are being brought at this time," stated Jamil Jaffer, founder and director of the National Security Institute.

Nevertheless, he added, "should the Justice Department is capable to prove the allegations stated and show the material is correctly designated, his conduct may certainly have violated the law".

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

"Situations that concern classified information present challenges to try, but they may and are filed against both junior and senior officials, from time to time," she explained.

Parallels to Examinations into Former President and President

Trump likewise encountered allegations of improperly keeping sensitive materials at his Mar-a-Lago property in Florida and obstructing their recovery, but that matter was ultimately dismissed by a federal judge and negated by his return as president.

A special counsel additionally determined that former President Joe Biden wrongfully maintained classified documents from his period as vice president, but failed to prosecute him.

Bolton's case shares characteristics to Trump's sensitive materials issues, said Mr Lesko, who also held a top national security position at the DOJ.

Strict protocols govern the handling 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.

"Due to the sensitive character of the information at question in this case, we lack a great deal of details about why the prosecution contends things like the diary entries and the additional material he shared by electronic message, and the reason there were classified," explained Mr Jaffer.

A Increasingly Conventional Legal Action

The procedure by which the DOJ brought this legal action will be under scrutiny, following Trump openly posted his desire to see his critics charged and some of those charges materialized.

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

"This Bolton prosecution and eventually the indictment appeared to have observed the regular process including the regulations and norms within the Department of Justice," he said.

Unlike Comey's short, concise indictment, Bolton's was a more "traditional" document that "clearly outlines the particulars concerning the facts and situation here," Mr Lesko said.

"It appears reasonably consistent with a long line of cases... where government officials improperly handled and shared sensitive information."

Larry Jackson
Larry Jackson

Elara is a systems engineer with over a decade of experience in performance analytics and monitoring technologies.