How the John Bolton Case Differs Substantially from Other Former President Critics

Former national security adviser John Bolton arrives at the courthouse
Former national security adviser John Bolton arrives at court on Friday.

Ex-President Donald Trump has repeatedly shown his wish to see critics investigated, applying 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 reputation and credibility," the leader stated recently in a Truth Social message.

"They impeached me, and charged me (five times!)" he declared, referencing the four criminal cases he faced after departing the White House in 2021 and James's civil case.

Each have since been indicted, in cases that numerous experts have said appear to be politically motivated and difficult to win in legal proceedings.

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

"I would say, contrasting Bolton's case to Comey's is like comparing two different things," stated Mark Lesko, a ex acting US attorney for the Eastern District of New York.

The Specifics of the Legal Situation

Bolton has been formally charged on national allegations pertaining to the alleged improper handling of classified information. Since leaving the White House in 2019, he has become a vocal Trump critic, going so far as to describe him "remarkably ignorant" and unfit for the presidency in his book.

Specialists say that while there may be political reasons to go after Bolton, the methods used to obtain an charge and the proof compiled against him indicate a possibly stronger legal argument than the DOJ presented against James.

"These actions that's being alleged is both more serious and seems to have occurred over a considerable period of time," commented Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.

During his time as Trump's security advisor, and following his 2019 White House departure, prosecutors claimed that Bolton put the nation at risk by wrongfully retaining and transmitting classified information to relatives using insecure means, including AOL. Some of the materials were labeled highly classified.

The charge states that at a certain time a hacker accessed to Bolton's account where documents were stored and transmitted an seeming threat to cause "the biggest scandal since Hillary [Clinton]'s emails were leaked".

Bolton pleaded not guilty during a hearing on recently to 18 distinct counts of improperly handling sensitive materials.

Political Motivation or a Substantial Legal Argument?

The schedule of his indictment - coming on the heels of charges against Comey - has revived concerns about political pressure on the justice system.

Trump once implied Bolton should be in jail, and called him a "sleazebag". Bolton, for his role, wrote a book about his time in the Trump government that was highly critical of the leader.

"Undoubtedly that the timing of this charge, when paired with others, has raised doubts about the strength of these allegations, and why these counts 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 capable to prove the allegations stated and show the material is correctly designated, his behavior may certainly have violated the law".

Prosecuting such a high-ranking figure for mishandling sensitive materials is "uncommon" but not without precedent, noted Carrie Cordero, a senior fellow at the Center for a New American Security.

"Cases that involve classified information pose challenges to prosecute, but they can and are filed against equally low-level and high-level officials, from occasionally," she explained.

Similarities to Investigations into Trump and President

Trump similarly encountered charges of wrongfully storing sensitive materials at his Mar-a-Lago resort in Florida and obstructing their return, but that matter was ultimately thrown out by a court official and negated by his re-election as president.

A independent investigator additionally determined that ex-President Joe Biden improperly stored sensitive materials from his period as second-in-command, but did not criminally charge him.

Bolton's situation shares characteristics to Biden's classified documents matters, said Mr Lesko, who also held a senior security position at the DOJ.

Strict protocols govern the management of sensitive materials. To win a guilty verdict, the prosecution must prove that Bolton knew the information he was transmitting was restricted, and he had to intentionally transfer it to someone not entitled to receive it.

"Due to the sensitive character of the information at issue in this matter, we lack a lot of particulars about the reasons the prosecution contends things like the diary entries and the other information he communicated by email, and the reason there were classified," said Mr Jaffer.

A More Traditional Prosecution

The process by which the Justice Department brought this case will be under scrutiny, following Trump publicly expressed his wish to see his political opponents charged and several of those charges came to fruition.

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

"The Bolton case and eventually the charge appeared to have followed the standard process including the rules and standards within the Department of Justice," he said.

In contrast to Comey's short, two-page charge, Bolton's was a increasingly "conventional" filing that "clearly outlines the particulars concerning the circumstances and situation in this instance," Mr Lesko commented.

"It appears fairly consistent with a long line of precedents... where government officials mishandled and transmitted sensitive information."

Veronica Grant
Veronica Grant

A cultural anthropologist and travel writer specializing in Nordic regions, with a passion for documenting local traditions and modern innovations.