Ex-Federal Prosecutor Torches Trump DOJ Case Against James Comey
A former federal prosecutor has criticized the Justice Department's case against ex-FBI director James Comey over a 2025 Instagram post featuring the phrase '86 47,' calling it legally weak and a potential overreach on protected speech. Legal experts argue the prosecution hinges on an ambiguous interpretation of the phrase and may violate First Amendment protections. The case proceeds to preliminary court hearings, with Comey denying any intent to threaten violence.
- ▪The case against James Comey centers on a social media post with seashells spelling '86 47,' which prosecutors allege was a threat against President Trump.
- ▪Former prosecutor Elie Honig said the DOJ's case is constitutionally vulnerable and relies too heavily on an ambiguous phrase without clear criminal intent.
- ▪Supreme Court precedent, such as the 1969 Watts v. United States case, has protected offensive political speech from being classified as criminal threats.
- ▪Legal analyst Dave Aronberg and Senator Thom Tillis expressed doubts about the strength and fairness of the prosecution.
- ▪Comey deleted the post after learning of its controversial interpretation and stated that violence 'never occurred' to him.
Opening excerpt (first ~120 words) tap to expand
By Steve MollmanWeekend EditorShareNewsweek is a Trust Project memberSee more of our trusted coverage when you search.Prefer Newsweek on Googleto see more of our trusted coverage when you search.A former federal prosecutor sharply criticized the Justice Department’s case against former FBI director James Comey, calling it legally weak and constitutionally vulnerable as the Trump administration presses charges over a social media post prosecutors say amounted to a threat against the president.The case against Comey centers on a single 2025 Instagram post featuring seashells arranged to read “86 47." Critics say the prosecution risks criminalizing ambiguous political expression protected by the First Amendment.Former assistant U.S.
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