Why this John Bolton Case Stands Apart Substantially from Other Former President Critics

Former security advisor John Bolton appears at court
Former security advisor John Bolton appears at court on Friday.

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

"We cannot postpone further, it's damaging our reputation and credibility," the president wrote recently in a Truth Social message.

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

Each have since been indicted, in cases that many experts have stated seem to be driven by politics and challenging to win in legal proceedings.

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

"In my opinion, contrasting Bolton's case to Comey's is like comparing apples to oranges," stated Mark Lesko, a former federal prosecutor for the Eastern District of New York.

The Details of the Legal Situation

Bolton has been criminally indicted on federal charges related to the alleged mishandling of classified information. Since departing the White House in 2019, he has emerged as a outspoken Trump critic, going so far as to describe him "stunningly uninformed" and unfit for office in his memoir.

Experts say that while there may be political motivations to go after Bolton, the methods used to obtain an charge and the proof compiled against him suggest a possibly stronger case than the Justice Department brought against Comey.

"This misconduct that's being alleged is simultaneously more severe 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 tenure as Trump's national security adviser, and following his 2019 White House exit, prosecutors alleged that Bolton put the country at danger by wrongfully retaining and transmitting sensitive documents to relatives using unprotected methods, including AOL. Some of the documents were labeled highly classified.

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

Bolton entered a not guilty plea during a hearing on recently to 18 distinct charges of improperly handling sensitive materials.

Retribution or a Strong Case?

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

Trump once implied Bolton belonged in prison, and called him a "disreputable person". Bolton, for his role, wrote a book about his time in the Trump administration that was sharply negative of the leader.

"There's no question that the timing of this charge, when combined with others, has raised doubts about the strength of these charges, and why these charges are being filed at this time," stated Jamil Jaffer, creator and executive director of the National Security Institute.

However, he added, "if the DOJ is able to prove the allegations alleged and show the information is correctly designated, his behavior may certainly have broken the law".

Charging such a high-ranking official for mishandling sensitive materials is "rare" but not without precedent, said Carrie Cordero, a expert at the Center for a New American Security.

"Cases that involve classified information present difficulties to try, but they may and are brought against equally low-level and high-level officials, from time to time," she said.

Similarities to Investigations into Trump and President

Trump similarly encountered charges of wrongfully storing sensitive materials at his Mar-a-Lago property in Florida and obstructing their return, but that matter was eventually dismissed by a federal judge and voided by his re-election as president.

A special counsel additionally found that former President Joe Biden wrongfully stored classified documents from his period as second-in-command, but failed to prosecute him.

Bolton's case bears similarities to Trump's sensitive materials matters, said Mr Lesko, who previously held a top national security position at the DOJ.

Rigorous protocols govern the handling of sensitive materials. To secure a conviction, the government must demonstrate that Bolton knew the information he was sending was restricted, and he had to knowingly transmit it to someone not entitled to obtain it.

"Because of the sensitive nature of the information at issue in this matter, we lack a lot of details about the reasons the government believes things like the diary entries and the other material he shared by email, and why there were classified," said Mr Jaffer.

A Increasingly Traditional Prosecution

The process by which the Justice Department initiated this legal action will be under scrutiny, following Trump openly posted his wish to see his political opponents charged and several of those charges came to fruition.

But Mr Lesko indicated in Bolton's case, prosecutors appear to have adhered to protocol.

"The Bolton case and eventually the indictment seemed to have observed the regular process including the regulations and standards within the Department of Justice," he stated.

Unlike Comey's short, two-page indictment, Bolton's was a increasingly "conventional" filing that "explicitly sets forth the particulars involving the circumstances and situation in this instance," Mr Lesko said.

"It appears fairly consistent with a series of precedents... where government officials improperly handled and transmitted classified material."

Meagan Lowe
Meagan Lowe

Marlon is a seasoned casino analyst with over a decade of experience in reviewing online slots and gaming platforms.