r/politicsnow • u/evissamassive • 5d ago
The New Republic Comey Exposes Flaws in the Federal Case Against Him
James Comey’s defense team has moved to dismiss the federal indictment against the former FBI director, arguing that prosecutors charged him under the incorrect statute.
In a court filing submitted Tuesday, Comey’s attorneys argued that the government mischaracterized a social media post as a threat when it actually falls under incitement—a charge not included in the indictment. The case centers on a May post featuring seashells spelling out "86 47," which federal authorities interpreted as a threat against Donald Trump.
The defense contends that prosecuting a case as a threat when the evidence points to incitement violates settled law by broadening potential conviction bases beyond the original indictment. Furthermore, the filing mocked the prosecution's reliance on a 2005 slang dictionary and a 1991 newspaper article to argue that "86" means "killed in action." The defense noted that if prosecutors had to explain the term's meaning through obscure sources, it cannot be considered an ordinary threat, describing the post instead as standard political opposition.
The prosecution has struggled with multiple hurdles since the case began. Investigators previously consulted a former mobster to establish "86" as threatening language, only to be told the claim was unfounded. Additionally, the Department of Justice faced scrutiny after asserting that the agency does not necessarily require independence from the executive branch, even while denying direct pressure from Trump to pursue the charges.