🔗 Share this article

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

"We cannot postpone further, it's killing our reputation and trustworthiness," the leader stated recently in a social media post.

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

Both have since been charged, in situations that numerous experts have stated appear to be politically motivated and challenging to succeed in legal proceedings.

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

"I would say, comparing Bolton's charges to James' is like equating two different things," said Mark Lesko, a former acting US attorney for the Eastern District of New York.

The Details of the Legal Situation

Bolton has been formally charged on federal charges pertaining to the alleged improper handling of classified information. Since departing the White House in 2019, he has become a vocal Trump critic, even to call him "stunningly uninformed" and unfit for the presidency in his memoir.

Experts contend that while there may be political motivations to go after Bolton, the methods used to obtain an indictment and the proof compiled against him indicate a possibly more substantial case than the Justice Department brought against James.

"This misconduct that's being alleged is simultaneously more serious and seems to have taken place over a significant duration," commented Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.

Throughout his time as Trump's security advisor, and following his 2019 White House exit, prosecutors claimed that Bolton placed the country at risk by improperly retaining and sending classified information to relatives using insecure means, including AOL. Several of the documents were labeled top secret.

The charge states that at a certain time a unauthorized user gained access to Bolton's account where files were kept 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 Friday to eighteen distinct charges of improperly handling classified information.

Political Motivation or a Substantial Legal Argument?

The timing of his indictment - coming on the heels of charges against Comey - has renewed questions about political pressure on the justice system.

Trump previously suggested Bolton belonged in prison, and described him a "sleazebag". Bolton, for his role, authored a publication about his experience in the Trump government that was sharply negative of the leader.

"There's no question that the schedule of this indictment, when combined with others, has raised doubts about the strength of these allegations, and the reason these charges are being brought now," said Jamil Jaffer, founder and director of the National Security Institute.

However, he continued, "should the DOJ is capable to prove the facts stated and demonstrate the material is correctly classified, his behavior may certainly have violated the law".

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

"Situations that involve sensitive materials pose challenges to try, but they may and are filed against both low-level and high-level personnel, from occasionally," she explained.

Parallels to Investigations into Trump and Biden

Trump similarly faced charges of wrongfully keeping sensitive materials at his Mar-a-Lago property in Florida and hindering their return, but that matter was ultimately dismissed by a federal judge and negated by his re-election as president.

A special counsel additionally found that ex-President Joe Biden improperly stored sensitive materials from his time as vice president, but failed to prosecute him.

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

Strict protocols govern the handling of classified documents. To secure a conviction, the government must demonstrate that Bolton was aware the information he was transmitting was restricted, and he had to knowingly transmit it to someone without authorization to receive it.

"Because of the sensitive character of the material at question in this case, we lack a lot of particulars about the reasons the prosecution believes elements like the diary entries and the other information he shared by electronic message, and why there were classified," said Mr Jaffer.

A Increasingly Traditional Legal Action

The process by which the DOJ brought this case will be under scrutiny, following Trump publicly posted his desire to see his critics prosecuted and some of those charges materialized.

But Mr Lesko said in Bolton's situation, authorities appear to have adhered to protocol.

"The Bolton case and ultimately the indictment seemed to have followed the regular procedure including the regulations and norms within the DOJ," he stated.

In contrast to Comey's brief, two-page indictment, Bolton's was a increasingly "traditional" document that "explicitly outlines the details involving the circumstances and circumstances in this instance," Mr Lesko said.

"It appears reasonably aligned with a long line of precedents... where public servants mishandled and transmitted classified material."