Table of Contents
- Similar Charges Under the Espionage Act
- Key Differences: Transmission vs. Obstruction
- Past Statements Used Against Them
- How Elections Shielded Both Men
- Sources
Former National Security Adviser John R. Bolton now finds himself in legal hot water over mishandling classified documents — a scenario that echoes the once-active criminal case against President Donald Trump. But while the two cases share striking similarities, they also reveal critical legal and factual distinctions.
Bolton and Trump: Parallel Charges Under the Espionage Act
Both men were charged under Section 793(e) of Title 18 of the U.S. Code — part of the century-old Espionage Act — for unauthorized retention of national defense information. Prosecutors in each case selected specific documents recovered during FBI searches to build their indictments:
- Trump: 38 counts tied to classified files found at Mar-a-Lago, including in a bathroom and ballroom.
- Bolton: 8 counts linked to diary entries containing classified info, kept at his Maryland home after his security clearance lapsed.
Notably, both residences lacked approved secure facilities for storing classified material after their government service ended.
Key Differences: Transmission vs. Obstruction
While the core retention charges overlap, the cases diverge sharply in other areas:
| Aspect | Donald Trump | John Bolton |
|---|---|---|
| Obstruction Charges | Yes — 8 counts for allegedly hiding documents and misleading investigators | No — though he failed to disclose possession of classified data during a 2021 hack report |
| Transmission Charges | No — despite showing classified Iran strike plans to a journalist and aides | Yes — 8 counts for emailing and messaging classified diary entries to family members without clearances |
| Communication Methods | In-person disclosure at Bedminster club | Personal email and encrypted consumer apps (e.g., Signal-like platforms) |
Their Own Words Turned Against Them
Prosecutors didn’t just rely on documents — they used each man’s public criticism of others to prove intent:
- Trump: His 2016 attacks on Hillary Clinton for using a private email server were cited to show he understood the rules.
- Bolton: His spring 2025 condemnation of Trump officials for discussing Yemen strike plans on Signal — in a chat that accidentally included a reporter — was quoted extensively in the indictment.
Ironically, the Justice Department under Trump chose not to prosecute that very Signal incident.
How Elections Shielded Both Men
Politics and timing played pivotal roles in both cases:
- In 2020, the Trump DOJ investigated Bolton over his memoir but dropped the probe after Biden took office in 2021.
- In 2024, Trump’s classified documents case was dismissed by Judge Aileen Cannon — a controversial ruling later rendered moot when Trump won re-election. The Justice Department then dropped the case, citing its policy against prosecuting sitting presidents.
Bolton’s current indictment stems from intelligence gathered from a foreign adversary’s spy service, which allegedly intercepted his unsecured communications during his time in the Trump administration.
Sources
The New York Times: “How the Bolton Indictment Compares to Trump’s Classified Documents Case”
