🔗 Share this article

Ex-President Donald Trump has consistently shown his wish to see critics probed, exerting pressure on the DOJ to prosecute former FBI Director James Comey and New York Attorney General Letitia James.

"We can't delay further, it's killing our standing and trustworthiness," the leader wrote recently in a social media 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.

Both have since been indicted, in situations that numerous experts have stated seem to be driven by politics and difficult to win in legal proceedings.

But the latest charges against a Trump critic, former security advisor John Bolton, differ significantly, legal experts and former prosecutors assert.

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

This Details of Bolton's Case

Bolton has been criminally indicted on national allegations pertaining to the supposed improper handling of classified information. After departing the White House in 2019, he has emerged as a outspoken presidential opponent, going so far as to call him "stunningly uninformed" and unsuitable for the presidency in his book.

Experts contend that while there may be political motivations to target Bolton, the procedures used to obtain an charge and the evidence compiled against him indicate 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 occurred over a significant period of time," said Carissa Byrne Hessick, a professor at the University of North Carolina School of Law.

Throughout his tenure as Trump's security advisor, and after his 2019 White House departure, prosecutors claimed that Bolton put the nation at danger by wrongfully keeping and sending sensitive documents to family members using unprotected methods, including AOL. Some of the documents were labeled highly classified.

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

Bolton pleaded not guilty during a hearing on recently to 18 distinct counts of mishandling classified information.

Retribution or a Substantial Case?

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

Trump once implied Bolton belonged in prison, and described him a "sleazebag". Bolton, for his part, authored a book about his experience in the Trump government that was sharply negative of the leader.

"Undoubtedly that the schedule of this indictment, when paired with others, has raised questions about the strength of these charges, and why these charges are being brought at this time," stated Jamil Jaffer, founder and director of the National Security Institute.

Nevertheless, he continued, "should the Justice Department is able to prove the facts alleged and show the information is properly classified, his behavior may very well have violated the law".

Prosecuting such a high-ranking official for mishandling sensitive materials is "rare" but not unprecedented, said Carrie Cordero, a expert at the Center for a New American Security.

"Cases that concern sensitive materials present challenges to try, but they may and are filed against equally junior and high-level personnel, from occasionally," she explained.

Parallels to Examinations into Former President and President

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

A independent investigator also determined that former President Joe Biden wrongfully maintained sensitive materials from his period as second-in-command, but failed to prosecute him.

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

Rigorous protocols regulate the management of classified documents. To secure a guilty verdict, the prosecution must demonstrate that Bolton knew the information he was sending was restricted, and he had to knowingly transfer it to someone not entitled to receive it.

"Because of the sensitive character of the material at issue in this matter, we don't have a lot of particulars about why the government believes elements like the diary entries and the other information he shared by electronic message, and why there were restricted," said Mr Jaffer.

A More Traditional Prosecution

The process by which the DOJ initiated this legal action will be under scrutiny, following Trump openly posted his wish to see his political opponents prosecuted and some of those indictments came to fruition.

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

"The Bolton case and ultimately the charge seemed to have followed the standard procedure including the rules and standards within the Department of Justice," he stated.

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

"It seems fairly aligned with a series of cases... where public servants improperly handled and shared classified material."