How the John Bolton Legal Situation Stands Apart Substantially from Other Former President Opponents

Former security advisor John Bolton appears at court
Former national security adviser John Bolton appears at court on recently.

Ex-President Donald Trump has consistently shown his desire to see opponents probed, exerting influence 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 president wrote recently in a Truth Social message.

"They impeached me, and charged me (five times!)" he said, referencing the multiple legal proceedings he faced after leaving the White House in 2021 and James's lawsuit.

Both have subsequently been indicted, in cases that numerous specialists have stated appear to be politically motivated and challenging to win in court.

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

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

The Details of the Legal Situation

Bolton has been formally charged on national allegations pertaining to the alleged improper handling of classified information. After departing the White House in 2019, he has emerged as a outspoken presidential opponent, even to describe him "remarkably ignorant" and unfit for office in his memoir.

Experts say that while there may be political reasons to go after Bolton, the methods used to obtain an indictment and the evidence gathered against him suggest a possibly more substantial legal argument than the Justice Department presented against Comey.

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

Throughout his time as Trump's national security adviser, and following his 2019 White House departure, authorities alleged that Bolton put the nation at risk by improperly keeping and sending classified information to family members using unprotected methods, including AOL. Some of the documents were marked highly classified.

The indictment alleges that at a certain time a unauthorized user accessed to Bolton's system where files were stored and sent an apparent threat to cause "the largest scandal since Hillary [Clinton]'s emails were leaked".

Bolton pleaded not guilty during a court appearance on Friday to 18 separate charges of improperly handling sensitive materials.

Retribution or a Strong Legal Argument?

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

Trump previously implied Bolton should be in prison, and described him a "sleazebag". Bolton, for his role, wrote a book about his experience in the Trump government that was sharply negative of the president.

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

Nevertheless, he added, "should the DOJ is capable to prove the facts alleged and show the material is properly classified, his behavior may very well have broken the statute".

Charging such a senior figure for improperly handling classified documents is "rare" but not unprecedented, said Carrie Cordero, a senior fellow at the Center for a New American Security.

"Situations that involve classified information pose challenges to prosecute, but they can and are filed against both low-level and senior officials, from occasionally," she explained.

Similarities to Examinations into Former President and Biden

Trump likewise encountered allegations of wrongfully keeping classified documents at his Mar-a-Lago resort in Florida and obstructing their return, but that case was eventually dismissed by a court official and voided by his return as president.

A independent investigator also found that former President Joe Biden improperly maintained sensitive materials from his period as second-in-command, but did not criminally charge him.

Bolton's situation shares characteristics to Trump's classified documents matters, said Mr Lesko, who previously held a top national security role at the Justice Department.

Rigorous procedures govern the handling 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 intentionally transfer it to someone without authorization to receive it.

"Due to the sensitive character of the information at question in this case, we lack a great deal of particulars about the reasons the prosecution contends elements like the diary entries and the other information he communicated by email, and the reason there were restricted," explained Mr Jaffer.

A More Traditional Legal Action

The procedure by which the Justice Department brought this legal action will be under scrutiny, following Trump publicly expressed his desire to see his critics prosecuted and some of those charges came to fruition.

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

"The Bolton prosecution and ultimately the indictment appeared to have observed the standard process including the rules and standards within the DOJ," he stated.

In contrast to Comey's short, two-page charge, Bolton's was a more "traditional" filing that "clearly outlines the details concerning the facts and circumstances here," Mr Lesko commented.

"It seems fairly consistent with a long line of precedents... where public servants improperly handled and transmitted classified material."

Ashley Duran
Ashley Duran

Cybersecurity expert and tech writer focused on digital privacy and secure data management strategies.