🔗 Share this article

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

"We can't delay further, it's damaging our standing and trustworthiness," the president stated recently in a Truth Social post.

"I was impeached twice, and indicted me (five times!)" he declared, referencing the four criminal cases he encountered after departing the White House in 2021 and James's lawsuit.

Each have subsequently been charged, in situations that numerous specialists have stated appear to be politically motivated and difficult to succeed in court.

But the latest allegations against a Trump critic, former security advisor John Bolton, differ significantly, 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 Specifics of Bolton's Legal Situation

Bolton has been criminally indicted on federal charges related to the alleged improper handling of classified information. After leaving the White House in 2019, he has emerged as a outspoken Trump critic, going so far as to call him "stunningly uninformed" and unfit for the presidency in his book.

Specialists contend that while there may be political motivations to go after Bolton, the procedures used to obtain an charge and the proof compiled against him suggest a possibly stronger case than the DOJ presented against James.

"These actions that's being claimed is simultaneously more severe and appears to have taken place over a significant period of time," commented Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.

Throughout his tenure as Trump's national security adviser, and following his 2019 White House departure, prosecutors claimed that Bolton placed the country at danger by wrongfully keeping and transmitting classified information to family members using unprotected methods, including AOL. Some of the documents were marked top secret.

The charge alleges that at a certain time a unauthorized user gained access to Bolton's system where files were kept and transmitted an seeming threat to cause "the biggest scandal since Hillary [Clinton]'s emails were released".

Bolton entered a not guilty plea during a court appearance on Friday to eighteen distinct counts of mishandling classified information.

Political Motivation or a Substantial Case?

The timing of his indictment - coming on the heels of charges against Comey - has revived concerns about external influence on the justice system.

Trump once suggested Bolton belonged in prison, 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 president.

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

However, he continued, "should the Justice Department is capable to demonstrate the facts alleged and show the information is properly classified, his conduct may certainly have violated the law".

Charging such a high-ranking official for improperly handling classified documents is "rare" but not without precedent, said Carrie Cordero, a expert at the Center for a New American Security.

"Situations that involve sensitive materials pose challenges to prosecute, but they may and are brought against both junior and high-level officials, from time to time," she explained.

Similarities to Investigations into Trump and President

Trump similarly encountered allegations of improperly storing classified documents at his Mar-a-Lago resort in Florida and hindering their return, but that matter was eventually dismissed by a federal judge and negated by his return as leader.

A independent investigator also determined that former President Joe Biden improperly stored sensitive materials from his period as vice president, but failed to prosecute him.

Bolton's case shares characteristics to Biden's classified documents matters, said Mr Lesko, who previously held a top national security position at the DOJ.

Strict protocols regulate the handling of sensitive materials. To secure a conviction, the government must prove that Bolton was aware the information he was sending was classified, and he had to intentionally transfer it to someone not entitled to obtain it.

"Due to the sensitive nature of the material at issue in this matter, we lack a great deal of details about the reasons the prosecution contends elements like the personal notes and the other information he shared by electronic message, and the reason there were restricted," said Mr Jaffer.

A Increasingly Traditional Prosecution

The procedure by which the DOJ brought this legal action will be closely examined, after Trump openly expressed his wish to see his political opponents prosecuted and several of those charges came to fruition.

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

"The Bolton prosecution and eventually the indictment appeared to have observed the standard procedure including the regulations and norms within the DOJ," he said.

Unlike Comey's short, two-page indictment, Bolton's was a more "traditional" document that "clearly sets forth the particulars involving the facts and circumstances here," Mr Lesko said.

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