Former FBI Director James Comey surrendered to federal law enforcement in the Eastern District of Virginia on Wednesday, facing charges related to alleged threats against the President. He was taken into custody prior to his initial court appearance.
Charges and Legal Proceedings
According to court documents, Comey has been charged with:
- Making a threat against the President.
- Transmitting a threat in interstate commerce.
Although the indictment originated in the Eastern District of North Carolina, Comey's first court appearance is scheduled to take place at the Alexandria, Virginia, courthouse, where Judge William E. Fitzpatrick is expected to preside.
Basis of the Indictment
Tuesday's indictment centers on a photograph Comey posted on social media last May. The picture depicted shells on a beach inscribed with the numbers “86 47,” accompanied by the caption, “Cool shell formation on my beach walk.”
- Context of the Numbers: When used as slang, the number '86' can refer to discarding or getting rid of something. The number '47' corresponds to Donald Trump's presidency.
- Official Reaction: Following the post, Republicans and administration officials criticized Comey, alleging the content constituted a death threat against President Donald Trump.
Comey's Stance and Legal Commentary
In a video message posted on Substack on Tuesday, Comey stated that he remains “still innocent.”
Legal experts have weighed in on the charges. Eugene Volokh, a senior fellow at the Hoover Institution specializing in First Amendment law, told CNN on Tuesday that the charges are unlikely to succeed, stating, “This is not going anywhere. This is clearly not a punishable threat.”
History of Charges
This marks the second instance that the Trump administration's Justice Department has brought charges against Comey. The first set of charges occurred last September, accusing him of lying to Congress regarding leaks to the press. That case was dismissed late last year by a federal judge who ruled that the interim U.S. Attorney for the Eastern District of Virginia had been improperly appointed without Senate approval.
