How this Bolton Legal Situation Differs Substantially from Additional Former President Opponents

Ex-President Donald Trump has repeatedly shown his wish to see critics probed, applying influence on the Justice Department to prosecute former FBI Director James Comey and New York Attorney General Letitia James.

"We can't delay any longer, it's damaging our standing and trustworthiness," the leader wrote recently in a social media message.

"I was impeached twice, and indicted me (five times!)" he said, referencing the four criminal cases he faced after leaving the White House in 2021 and James's civil case.

Each have subsequently been charged, in situations that numerous experts have said seem to be politically motivated and challenging to win in court.

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

"In my opinion, contrasting Bolton's case to James' is like equating apples to oranges," stated Mark Lesko, a ex acting US attorney for the Eastern District of New York.

This Specifics of the Case

Bolton has been formally charged on federal charges related to the supposed mishandling of classified information. After leaving the White House in 2019, he has become a vocal presidential opponent, going so far as to call him "remarkably ignorant" and unsuitable for office in his memoir.

Specialists say that while there may be political motivations to target Bolton, the procedures used to obtain an indictment and the evidence gathered against him suggest a potentially stronger legal argument than the DOJ brought against James.

"These actions that's being claimed is both more severe and appears to have taken place over a significant 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 after his 2019 White House exit, prosecutors alleged that Bolton put the country at risk by improperly keeping and sending sensitive documents to relatives using unprotected methods, including AOL. Several of the documents were labeled highly classified.

The indictment alleges that at one point a hacker accessed to Bolton's system where files were stored and sent an apparent threat to cause "the biggest controversy since Hillary [Clinton]'s emails were leaked".

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

Political Motivation or a Strong Legal Argument?

The schedule of his charge - arriving on the tails of charges against Comey - has revived concerns about political pressure on the justice system.

Trump once suggested Bolton should be in jail, and described him a "disreputable person". Bolton, for his role, wrote a publication about his time in the Trump government that was highly critical of the leader.

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

However, he continued, "if the DOJ is able to prove the facts alleged and demonstrate the material is properly classified, his behavior may certainly have violated the law".

Charging such a high-ranking official for mishandling classified documents is "uncommon" but not without precedent, said Carrie Cordero, a senior fellow at the Center for a New American Security.

"Cases that involve sensitive materials pose 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 Former President and Biden

Trump similarly encountered allegations 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 return as leader.

A independent investigator also found that ex-President Joe Biden improperly maintained sensitive materials from his time as vice president, but did not criminally charge him.

Bolton's case bears similarities to Trump's classified documents matters, said Mr Lesko, who also held a senior security position at the DOJ.

Rigorous procedures govern the handling of sensitive materials. To secure a conviction, the government must prove that Bolton knew the information he was transmitting was restricted, and he had to intentionally transmit it to someone not entitled to receive it.

"Due to the sensitive character of the information at issue in this matter, we don't have a lot of details about the reasons the government contends things like the personal notes and the other information he communicated by electronic message, and why there were classified," said Mr Jaffer.

A More Traditional Legal Action

The procedure by which the DOJ initiated this legal action will be under scrutiny, after Trump publicly expressed his desire to see his critics prosecuted and some of those charges materialized.

But Mr Lesko indicated in Bolton's situation, authorities seem to have adhered to standard procedure.

"This Bolton prosecution and ultimately the indictment seemed to have observed the standard process including the rules and norms within the Department of Justice," he said.

In contrast to Comey's brief, concise charge, Bolton's was a more "traditional" document that "clearly outlines the particulars concerning the circumstances and situation here," Mr Lesko said.

"It seems fairly aligned with a long line of cases... where public servants improperly handled and transmitted sensitive information."