The prospect of former FBI Director James Comey being prosecuted for a social media post that some have alleged was a threat against President Donald Trump is quite low, multiple legal experts tell Newsweek.
Why It Matters
Comey on Thursday posted an Instagram photo of shells on a beach that were aligned to read “8647,” which Trump and other conservatives have surmised is an assassination threat against the president.
What To Know
Comey issued a follow-up post after the fact, saying that he saw the shells and “assumed” they were “a political message. I didn’t realize some folks associate those numbers with violence.”
Trump and others in his orbit did not take the post the same way.
“If you’re the FBI director and you don’t know what that meant? That meant assassination. And it says it loud and clear,” Trump said during a Fox News interview on Friday. “Now, he wasn’t very competent, but he was competent enough to know what that meant.”
FBI Director Kash Patel said on X that his agency was “in communication with the Secret Service and Director [Sean] Curran. Primary jurisdiction is with SS on these matters and we, the FBI, will provide all necessary support.”
The linked connection of “8647” to Trump is that he’s the 47th president of the United States, and the term “86” generally signifies eliminating something or someone. It’s a term used in different connotations, including in the restaurant industry or the broader general meaning of banning or kicking someone out of a venue like a bar, club, casino, etc.
“I have been one of Comey’s long-standing critics,” George Washington University Law School professor Jonathan Turley told Newsweek. “However, I do not believe that this would be a viable criminal case.
“The term ’86’ is subject to a wide array of interpretations. Comey could argue a lack of intent to convey a violent message as opposed to a political rejection of Trump. That does not mean that the message cannot be legitimately criticized as reckless at a time of increasing political violence.”
Former federal prosecutor Neama Rahmani agreed, telling Newsweek that “86” if meant in a political context could simply mean impeaching Trump.
He also wondered where similar outrage was when conservatives had effigies of former President Joe Biden or consistently referred to him as “Let’s Go Brandon.” Individuals on social media make similar remarks daily and nothing happens, he added.
“It’s politics, it’s not the law,” Rahmani said. “Everyone’s up in arms like it’s a real threat. It’s not. Statutes can be struck down as applied if they are overbroad. I think that’s what would happen here.”
The First Amendment argument combined with a lack of intent for a specific crime—which must occur beyond a reasonable doubt, and be determined that way by a jury—sets such a high burden for a case ever coming forward and it requires more than probable cause, Rahmani added.
“Intent to harm is necessary and nothing in his post expresses any type of intent,” he said. “It’s a loser case and a judge would probably toss it. There’s seemingly no line between law and politics right now.”
What People Are Saying
Director of National Intelligence Tulsi Gabbard: “Any other person with the position of influence that he has, people who take very seriously what a guy of his stature, his experience and what the propaganda media has built him up to be, I’m very concerned for the president’s life.
“We’ve already seen assassination attempts. I’m very concerned for his life. And James Comey, in my view, should be held accountable and put behind bars for this.”
Homeland Security Secretary Kristi Noem on X: “Disgraced former FBI Director James Comey just called for the assassination of @POTUS Trump. DHS and Secret Service is investigating this threat and will respond appropriately.”
Republican Senator Marsha Blackburn of Tennessee posted to X on Thursday: “James Comey is posting cryptic messages online alluding to getting rid of President Trump. Would he like to explain what he means by this given the assassination attempts on President Trump? Take a look, @FBIDirectorKash @FBI.”
What Happens Next
The Secret Service and Homeland Security will investigate the matter and determine if action is warranted.
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