The Trump administration’s second indictment of former FBI Director James Comey seems to be perched on a really slippery slope.
Comey’s alleged legal offense is posting a picture of seashells arranged to spell out “86 47.” The “86” terminology is slang usually used to explain throwing out or eliminating one thing, and Donald Trump is the forty seventh president. The administration argued from the start that it was a risk in opposition to Trump.
Except many Americans, together with some outstanding Trump allies, may very well be charged or not less than investigated below that logic.
It’s additionally ironic that Trump’s Justice Department is now investigating and issuing indictments over vaguely threatening-sounding content material, given Trump’s personal prolonged historical past with such rhetoric.
It is theoretically potential there’s some damning piece of proof displaying Comey understood his put up to be a real risk (which the DOJ must prove). The Justice Department’s three-page indictment doesn’t go into a lot element.
Back in May, when the administration initially raised this situation, Comey mentioned he didn’t understand “86” may have some probably violent connotations and quicky deleted the put up.
But Occam’s razor would appear to level to this being a thinly constructed case. Trump has beforehand made clear he needs Comey indicted and, when the primary indictment in opposition to the previous FBI director didn’t pan out, the president and different administration officers shortly declared the seashell put up was a risk earlier than any investigation was truly performed. Plus, this isn’t the primary thin case against a Trump foe.
Even some conservative authorized students and Trump allies have been fairly skeptical of the Comey costs.
Part of the federal government’s downside may very well be proving that this isn’t selective prosecution. Many others have used the “86” formulation with out it being interpreted as a risk.
Perhaps probably the most outstanding instance is pro-Trump influencer Jack Posobiec in 2022 posting “86 46.” That’s the identical factor Comey posted, besides substituting Biden (the forty sixth president) for Trump. (Posobiec has claimed Comey’s put up was a name for assassination, however his put up about Biden stays dwell to this present day.)
Two years later, fellow pro-Trump influencer Scott Adams posted, “The Simulation says it is time to ‘86’ Biden.”
There is not any proof both man has been investigated for potential threats. Adams died in January.
Nor is there proof of an analogous investigation of Democratic Michigan Gov. Gretchen Whitmer, who appeared on TV in 2020 with “86 45” displayed next to her. (Trump, of course, was additionally the forty fifth president.)
Other Trump allies have additionally used “86” in political contexts in ways in which clarify it’s not an apparent risk.
Republican former Rep. Matt Gaetz of Florida in 2024 celebrated having “86’d” a series of Republicans who had been faraway from management positions, not killed.
And, just like Posobiec, Fox News host Jesse Watters final yr concluded that Comey’s use of “86” meant he had “put a hit out on Trump.” But months later, Watters used the same term for two different people who were merely ousted from their political jobs.
And then there’s simply the sheer quantity of “86” merchandise that’s on the market. Online retailers like Amazon have been promoting issues with “86 47,” “86 46,” “86 45” and even “86 44” (for former President Barack Obama) emblazoned on them for years. Those gadgets — many of that are marketed as calls to take away presidents from workplace, to not kill them — stay out there to this present day.
Is the DOJ going to analyze the individuals who bought and bought such attire?
When pressed this week on the opposite examples — particularly the Posobiec and Whitmer ones — appearing Attorney General Todd Blanche instructed Comey’s case is in some way completely different, with out detailing how.
“The mere fact there’s a similar photo posted or similar statement made — that’s true every day,” Blanche told CBS News on Wednesday, including: “Every one of those are not indicted. It depends on the facts of every case.”
But Blanche conceded that he had “no idea whether there was an investigation into the other times that that post has been made and whether that investigation yielded different results.”
This can also be not the primary time the Trump Justice Department may plausibly be accused of treating buddies and foes otherwise whereas pursuing Trump’s retribution marketing campaign.
Last yr, the administration scrutinized a sequence of Trump foes for potential mortgage fraud, together with Sen. Adam Schiff of California, New York Attorney General Letitia James (who was indicted earlier than the case was dismissed) and Federal Reserve Governor Lisa Cook (who Trump has tried to fireplace from her put up over the allegations). But there isn’t a proof related scrutiny has been utilized to Republicans with very related potential mortgage issues, like Texas Attorney General and Senate hopeful Ken Paxton and a few Trump Cabinet officials.
The different key level right here is that the Comey prosecution customary would appear to be a troubling one for Trump himself.
Trump, in spite of everything, has ceaselessly mentioned and posted vaguely threatening-sounding issues.
This is simply a small portion of Trump’s violent rhetoric, centered on issues that would plausibly be argued had been threatening to particular folks — significantly in case you’re utilizing the newfound Comey customary.
It appears unlikely the Comey prosecution will result in a conviction. But it may inform us loads about how determined the administration is getting in its quest to focus on Trump’s foes.
As Republican Sen. Thom Tillis of North Carolina informed NCS on Wednesday: “I just think it’s another example of where we’re going to regret this, because we’re setting a fairly low bar.”