🔗 Share this article

Former President Donald Trump has consistently expressed his wish to see opponents 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 damaging our reputation and credibility," the leader wrote last month in a social media message.

"They impeached me, and indicted me (five times!)" he declared, mentioning the multiple legal proceedings he encountered after leaving the White House in 2021 and James's lawsuit.

Each have since been indicted, in situations that numerous specialists have stated appear to be politically motivated and difficult to succeed in legal proceedings.

But the latest charges against a presidential opponent, former security advisor John Bolton, stand apart, legal specialists and former prosecutors say.

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

This Details of Bolton's Legal Situation

Bolton has been formally charged on national allegations pertaining to the supposed mishandling of classified information. Since leaving the White House in 2019, he has emerged as a outspoken presidential opponent, even to call him "stunningly uninformed" and unfit for office in his memoir.

Experts contend that while there may be political reasons to go after Bolton, the methods used to secure an charge and the proof gathered against him suggest a potentially more substantial legal argument than the DOJ presented against Comey.

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

During his tenure as Trump's national security adviser, and after his 2019 White House departure, prosecutors alleged that Bolton placed the country at danger by wrongfully retaining and sending classified information to family members using unprotected methods, including AOL. Some of the documents were marked highly classified.

The indictment states that at one point a unauthorized user gained access to Bolton's account where documents were kept and sent an seeming threat to cause "the largest controversy since Hillary [Clinton]'s emails were leaked".

Bolton entered a not guilty plea during a court appearance on Friday to eighteen separate charges of improperly handling classified information.

Retribution or a Substantial Legal Argument?

The schedule of his charge - coming on the heels of allegations against James - has renewed concerns about external influence on the legal system.

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

"There's no question that the schedule of this indictment, when combined with others, has prompted questions about the strength of these allegations, and why these charges are being brought at this time," stated Jamil Jaffer, creator and executive director of the National Security Institute.

However, he added, "should the DOJ is capable to prove the allegations stated and demonstrate the information is properly designated, his conduct may very well have violated the statute".

Prosecuting such a high-ranking official for mishandling classified documents is "rare" but not without precedent, said Carrie Cordero, a senior fellow at the Center for a New American Security.

"Situations that involve sensitive materials present difficulties to try, but they can and are filed against both low-level and senior personnel, from time to time," she explained.

Parallels to Investigations into Trump and Biden

Trump similarly faced allegations of improperly storing sensitive materials at his Mar-a-Lago resort in Florida and obstructing their return, but that case was ultimately thrown out by a federal judge and negated by his return as president.

A special counsel also determined that ex-President Joe Biden wrongfully maintained classified documents from his time as vice president, but failed to criminally charge him.

Bolton's case shares characteristics to Trump's sensitive materials issues, noted Mr Lesko, who also held a top national security role at the Justice Department.

Rigorous protocols regulate the handling of sensitive materials. To secure a conviction, the government must demonstrate that Bolton was aware the information he was transmitting was restricted, and he had to intentionally transmit it to someone not entitled to obtain it.

"Because of the classified character of the material at issue in this matter, we don't have a lot of particulars about the reasons the government believes things like the diary entries and the additional information he shared by electronic message, and why there were restricted," said Mr Jaffer.

A More Traditional Prosecution

The process by which the Justice Department initiated this case will be under scrutiny, after Trump openly expressed his wish to see his critics charged and some of those indictments came to fruition.

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

"The Bolton prosecution and eventually the indictment appeared to have observed the standard process including the rules and norms within the Department of Justice," he said.

Unlike Comey's brief, two-page indictment, Bolton's was a increasingly "conventional" document that "clearly outlines the particulars concerning the facts and situation here," Mr Lesko commented.

"It appears reasonably aligned with a long line of precedents... where government officials improperly handled and shared classified material."