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Former FBI Director James Comey appeared in an Alexandria, Virginia, federal court Wednesday to face charges that he threatened President Trump in a social media post. A federal grand jury in North Carolina indicted Comey Tuesday on counts of making threats against the president and transmitting those threats across state lines.
The charges stem from a now-deleted Instagram post showing seashells arranged to form the numbers “86, 47.” Prosecutors and the Trump administration allege the image constitutes a “true threat” against the 47th president. Trump told reporters Wednesday that “86” is a mob term for murder. “Do you ever see the movies? ’86 him,’ the mobster says… that means kill him,” Trump said.
Interpretations of the Numerical Code
Chapman Rackaway, chair of political science at Radford University, said the term “86” has multiple nonviolent meanings. While some folklore suggests a military origin meaning “eight feet over, six feet down,” Rackaway noted it is widely used in restaurants to indicate an item is unavailable. During the Prohibition era, the term reportedly referred to the back exit of a speakeasy used during raids.
“There are a lot of ways to interpret 86 as meaning get him out of office in nonviolent ways,” Rackaway said. He warned that allowing a broad interpretation of such terms could lead to a “slippery slope” where many statements are turned into indictable threats.
A History of Legal Conflict
This indictment follows a previous case against Comey that was dismissed in November. That case involved allegations of lying to Congress and obstructing a Senate committee, but a judge threw it out due to procedural issues regarding the appointment of a U.S. attorney.
Acting Attorney General Todd Blanche is now aggressively pursuing the new charges. Comey, who led the FBI from 2013 until Trump fired him in 2017, maintained his innocence in a social media post Wednesday. “I’m still not afraid, and I still believe in the federal judiciary, so let’s go,” Comey wrote.
Seashells and Statutes
The Department of Justice argues that a reasonable recipient familiar with the circumstances would view the post as a serious intent to do harm. Comey’s defense team indicated they plan to file motions accusing the government of selective and vindictive prosecution. The case is expected to move to a North Carolina courtroom later this year.
The post Radford political science chair weighs in on former FBI director’s indictment over social media post first appeared on News/Talk 960-AM & FM-107.3 WFIR.
