Former FBI Director James Comey indicted again
FILE – Former FBI Director James Comey speaks to reporters on Capitol Hill in Washington, Dec. 17, 2018. (AP Photo/J. Scott Applewhite, File)
WASHINGTON (AP) — Former FBI Director James Comey faces another indictment, this time over a social media photo of seashells arranged on a beach that officials said constituted a threat against President Trump.
The criminal case is the second in months against Comey. The seashells photo was posted nearly a year ago. Comey, as FBI director, had overseen the early months of an investigation into whether Trump’s 2016 campaign had coordinated with Russia to sway the outcome of that year’s election.
Comey was fired by Trump months into the president’s first term as that investigation was underway, and they have openly feuded ever since.
The prosecution arises from a May post on Instagram in which Comey shared a photo of seashells he saw on a walk in the arrangement of “86 47.” He has said he assumed that the numbers reflected a political message, not a call to violence. Comey deleted the post shortly after it was made, writing: “I didn’t realize some folks associate those numbers with violence” and “I oppose violence of any kind so I took the post down.”
Nonetheless, Comey was swiftly interviewed by the Secret Service after Trump administration officials asserted that he was advocating the assassination of Trump, the 47th president.
The case was filed in the Eastern District of North Carolina, the state where Comey found the seashells.
“Well, they’re back – this time about a picture of seashells on a North Carolina beach a year ago, and this won’t be the end of it,” Comey said in a video statement. “But nothing has changed with me. I’m still innocent, I’m still not afraid and I still believe in the independent federal judiciary. So let’s go.”
The two-count indictment charges Comey with “knowingly and willfully” making a threat to “take the life of, and to inflict bodily harm upon” Trump and with transmitting a threat in interstate commerce. It does not provide evidence that Comey knowingly threatened Trump, especially since Comey has said the opposite, but suggested a “reasonable recipient who is familiar with the circumstances would interpret” the message as a threat.
At a news conference, acting Attorney General Todd Blanche didn’t elaborate on any evidence of intent the government has but said: “How do you prove intent in any case? You prove intent with witnesses, with documents, with the defendant himself to the extent it’s appropriate. And that’s how we’ll prove intent in this case.”
And in an effort to rebut claims that Comey was being selectively prosecuted, Blanche contended the case against the former FBI director was similar to other threats cases the department routinely brings against the lesser known.
“While this case is unique and this indictment stands out because of the name of the defendant, his alleged conduct is the same kind of conduct that we will never tolerate and that we will always investigate and regularly prosecute,” Blanche said.
Comey’s legal team said in a statement that they “will contest these charges in the courtroom and look forward to vindicating Mr. Comey and the First Amendment.” They said he “vigorously denies” the charges.
Trump, in a Fox News Channel interview in May, accused Comey of knowing “exactly what (86) meant.”
“A child knows what that meant,” Trump said. “If you’re the FBI director and you don’t know what that meant, that meant assassination. And it says it loud and clear.”
The former FBI director was indicted in September on charges he lied to Congress in 2020 about whether he had authorized information about an investigation to be provided to a journalist. He denied any wrongdoing. The case was dismissed after a judge concluded the prosecutor who brought the indictment was illegally appointed.
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