James Comey, the former FBI director, now faces federal charges for a photo of seashells. Prosecutors claim the image spelled “86 47” as a threat against President Trump. Comey’s team now asks a judge to toss the case entirely.
They argue the photo was just political speech, not a crime. This legal battle tests the limits of free expression in our country. A federal grand jury returned the indictment in April. The case could go to trial this October if it survives current challenges.
Prosecutors argued that the seashell formation was a direct threat to the President’s life. They say the numbers meant “eliminate” the 47th President. Comey’s lawyers disagree with this interpretation completely. They state that dictionaries and common sense prove the claim wrong. The term “86” is a restaurant word meaning to be out of something. Trump is indeed the 47th president of the United States. Yet the government insists this arrangement was a criminal act.
Comey’s attorneys filed a motion Monday to dismiss the charges against him. According to the legal team, the First Amendment of the Constitution protects the photo. The team contends that a reasonable observer would still understand Comey’s post as mere political hyperbole, not a true threat. They point out that the phrase is a well-known political slogan. The Supreme Court has dismissed prosecutions for threats involving speech far more directly threatening than Mr. Comey’s seashells post.
Forcing a trial for a statement opposing the President is an unconstitutional punishment of free speech. Comey’s team notes that the phrase has appeared on signs at protests. It generally means “get rid of” or “eject” someone.
The government now singles out Mr. Comey to prosecute one of the President’s most prominent critics. Both the statutes at issue and the First Amendment are violated by this attempt to suppress core political speech. Even if the numbers could be read as violence, it remains political hyperbole.
Comey was fired as FBI director by Trump in May 2017. He has been a leading critic of the President ever since that time. The former director has faced indictment twice during Trump’s second term, marking the second time. Last November, an earlier Virginia case accusing him of lying to Congress was dismissed. That judge found the prosecutor was illegally appointed to the job.
Some observers see this as part of a retribution campaign by the Justice Department. The administration has initiated investigations into individuals the President does not like. Comey has said he is being targeted because of Trump’s animus toward him.
He later deleted the post after the numbers sparked controversy. The Secret Service prompted an investigation after he removed the image. The Justice Department has until August 18 to respond to the motions.
