🔗 Share this article

Former President Donald Trump has consistently expressed his desire to see opponents probed, applying pressure on the Justice Department to charge former FBI Director James Comey and New York Attorney General Letitia James.

"We cannot postpone any longer, it's killing our standing and credibility," the president wrote last month in a social media message.

"I was impeached twice, and charged me (5 times!)" he said, mentioning the four criminal cases he faced after leaving the White House in 2021 and James's lawsuit.

Each have since been indicted, in situations that many specialists have stated appear to be politically motivated and challenging to win in court.

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

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

This Details of the Case

Bolton has been formally charged on national allegations related to the supposed improper handling of sensitive materials. Since departing the White House in 2019, he has emerged as a outspoken Trump critic, going so far as to describe him "remarkably ignorant" and unsuitable for the presidency in his memoir.

Specialists contend that while there may be political reasons to go after Bolton, the methods used to secure an charge and the proof gathered against him indicate a potentially stronger case than the DOJ brought against Comey.

"This misconduct that's being alleged is simultaneously more severe and seems to have occurred over a considerable period of time," commented Carissa Byrne Hessick, a academic at the University of North Carolina School of Law.

Throughout his tenure as Trump's national security adviser, and after his 2019 White House departure, prosecutors alleged that Bolton placed the country at danger by wrongfully keeping and sending sensitive documents to relatives using unprotected methods, including AOL. Several of the documents were marked highly classified.

The charge alleges that at a certain time a hacker gained access to Bolton's system where files were kept and transmitted an apparent threat to cause "the largest scandal 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 classified information.

Retribution or a Strong Case?

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

Trump once implied Bolton belonged in prison, and called him a "disreputable person". Bolton, for his part, wrote a publication about his experience in the Trump administration that was highly critical of the president.

"Undoubtedly that the schedule of this charge, when combined with additional cases, has raised doubts about the strength of these allegations, and why these counts are being filed now," stated Jamil Jaffer, founder and executive director of the National Security Institute.

Nevertheless, he continued, "should the DOJ is capable to demonstrate the facts stated and show the material is properly designated, his conduct may very well have broken the law".

Prosecuting such a senior figure for improperly handling sensitive materials is "rare" but not unprecedented, noted Carrie Cordero, a expert at the Center for a New American Security.

"Cases that involve sensitive materials present difficulties to prosecute, but they can and are brought against equally junior and high-level personnel, from occasionally," she said.

Similarities to Examinations into Former President and President

Trump likewise faced charges of wrongfully keeping 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 voided by his return as president.

A special counsel also determined that ex-President Joe Biden improperly maintained classified documents from his period as vice president, but did not criminally charge him.

Bolton's situation bears similarities to Biden's sensitive materials issues, noted Mr Lesko, who previously held a top national security position at the DOJ.

Rigorous procedures govern the management of sensitive materials. To win a guilty verdict, the prosecution must prove that Bolton was aware the information he was sending was restricted, and he had to knowingly transmit it to someone not entitled to receive it.

"Due to the classified nature of the material at question in this matter, we don't have a lot of particulars about why the government believes elements like the diary entries and the additional information he shared by email, and the reason there were classified," said Mr Jaffer.

A More Traditional Prosecution

The procedure by which the DOJ initiated this case will be closely examined, after Trump openly posted his desire to see his critics prosecuted and several of those charges materialized.

But Mr Lesko said in Bolton's situation, authorities appear to have followed standard procedure.

"The Bolton prosecution and ultimately the charge appeared to have followed the regular process including the regulations and norms within the Department of Justice," he stated.

Unlike Comey's brief, concise indictment, Bolton's was a increasingly "traditional" filing that "clearly sets forth the details involving the circumstances and circumstances in this instance," Mr Lesko commented.

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