Why the Bolton Case Stands Apart Substantially from Other Former President Opponents

Former security advisor John Bolton appears at court
Former security advisor John Bolton arrives at the courthouse on recently.

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

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

"They impeached twice, and charged me (5 times!)" he said, mentioning the multiple legal proceedings he faced after departing the White House in 2021 and James's civil case.

Both have subsequently been charged, in cases that numerous experts have stated seem to be politically motivated and challenging to win in court.

But the most recent charges against a Trump critic, former national security adviser John Bolton, stand apart, legal experts and ex-prosecutors say.

"I would say, comparing Bolton's case to Comey's is like comparing apples to oranges," said Mark Lesko, a ex federal prosecutor for the Eastern District of New York.

The Specifics of the Case

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

Specialists say that while there may be political reasons to target Bolton, the procedures used to secure an charge and the proof compiled against him indicate a potentially more substantial case than the Justice Department presented against James.

"These actions that's being alleged is both more serious and seems to have taken place over a considerable duration," 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 country at risk by improperly keeping and transmitting classified information to relatives using insecure means, including AOL. Some of the materials were labeled top secret.

The indictment alleges that at a certain time a unauthorized user accessed to Bolton's system where files were stored and sent an seeming warning to cause "the biggest scandal since Hillary [Clinton]'s emails were released".

Bolton pleaded not guilty during a hearing on recently to eighteen distinct counts of mishandling classified information.

Retribution or a Substantial Legal Argument?

The timing of his charge - coming on the tails of allegations against Comey - has revived concerns about political pressure on the justice system.

Trump previously suggested Bolton should be in jail, and described him a "disreputable person". Bolton, for his role, authored a book about his time in the Trump administration that was highly critical of the leader.

"Undoubtedly that the schedule of this charge, when combined with others, has raised doubts about the strength of these allegations, and the reason these charges are being brought now," stated Jamil Jaffer, founder and director of the National Security Institute.

Nevertheless, he added, "should the DOJ is capable to prove the facts alleged and show the material is properly classified, his conduct may very well have violated the statute".

Charging such a high-ranking official 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 present challenges to try, but they may and are brought against equally junior and senior personnel, from time to time," she explained.

Similarities to Investigations into Trump and Biden

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

A independent investigator also found that ex-President Joe Biden improperly stored classified documents from his period as second-in-command, but failed to criminally charge him.

Bolton's situation bears similarities to Trump's classified documents matters, noted Mr Lesko, who also held a top national security role at the DOJ.

Strict protocols regulate the management of classified documents. To secure a guilty verdict, the government must prove that Bolton knew the material he was transmitting was restricted, and he had to intentionally transmit it to someone without authorization to obtain it.

"Due to the classified character of the material at issue in this case, we don't have a great deal of details about why the prosecution contends things like the diary entries and the other information he shared by electronic message, and the reason there were classified," said Mr Jaffer.

A More Conventional Prosecution

The process by which the DOJ initiated this case will be under scrutiny, following Trump publicly expressed his desire to see his critics charged and several of those indictments came to fruition.

But Mr Lesko indicated in Bolton's situation, prosecutors seem to have followed protocol.

"The Bolton case and ultimately the indictment seemed to have followed the regular procedure including the regulations and standards within the Department of Justice," he said.

Unlike Comey's brief, two-page charge, Bolton's was a more "traditional" document that "explicitly outlines the details involving the circumstances and circumstances in this instance," Mr Lesko said.

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

James Miles
James Miles

A software developer and tech journalist with over a decade of experience covering emerging technologies and digital innovations.