Former FBI Director James Comey on Thursday asked to cancel his upcoming court appearance in North Carolina, stating it was unnecessary because he had already surrendered in Virginia and appeared before a judge for allegedly threatening President Donald Trump. The Department of Justice is supporting the request.
Background of the Case
Comey was charged in a two-count indictment last week with “knowingly and willfully” communicating a threat against Trump by posting an Instagram photo of seashells arranged numerically as “86 47.” Prosecutors allege this constituted a threat against Trump, the 47th president. Comey has argued that he found the seashell arrangement on a beach and assumed it reflected a political message, not a call to violence, and that he removed the post once he realized some interpreted it as a threat.
Legal Proceedings
Comey is currently scheduled to appear Monday in a federal court in Greenville, North Carolina. However, his lawyers urged a judge on Thursday to cancel that appearance. They noted that he had already surrendered and appeared before a judge in Virginia, where he resides, and that the Justice Department has consented to their request.
This case marks the second prosecution against Comey, a long-time perceived adversary of the Republican president, brought by Trump's Justice Department. An earlier unrelated prosecution accusing Comey of making a false statement to Congress was dismissed by a judge who ruled that the prosecutor who filed the case was illegally appointed.
Legal Experts Weigh In
Legal experts have questioned whether the Justice Department can meet the high legal standard of proving that Comey intended his Instagram post to be a threat. Acting Attorney General Todd Blanche has stated that investigators have evidence beyond the post itself but has not elaborated. Merriam-Webster, the dictionary used by The Associated Press, defines “86” as slang meaning “to throw out,” “to get rid of,” or “to refuse service to.” It notes that among the most recent senses is a logical extension meaning “to kill,” but the dictionary does not officially enter this sense due to its relative recency and sparse usage.
