The record
Written from the 1 report below. Nothing here is unsourced.
- Former FBI director James Comey has asked a US judge to dismiss charges filed against him over an Instagram post of seashells arranged to read "86 47", arguing it was protected political speech and not a threat to President Donald Trump.
- His lawyers say the government cannot prove the post constituted a threat and that prosecuting him over political opposition violates the First Amendment.
- This is the second case against Comey in months; an earlier one accusing him of lying to Congress was dismissed after a judge found the prosecutor was illegally hired.
- The case stems from Trump administration claims that the post advocated violence, though the Justice Department has not detailed evidence of intent.
What to watch next
- The judge's decision on Comey's motion to dismiss the charges
- Whether the Justice Department presents evidence of intent to prove the post was a true threat
- Whether the pattern of prosecutions against the president's critics faces legal challenges over prosecutorial hiring, as in the earlier case
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Named United States · Associated Press · Donald Trump · Federal Bureau of Investigation · Fox News Channel · James Comey · Letitia James · Supreme Court · Todd Blanche · United States Department of Justice · United States Secret Service
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