James Comey indicted over social media post Trump's DOJ says crossed a line

Amna Nawaz:

Former FBI Director James Comey has once again been indicted by the Department of Justice. It's the second time the Trump administration has attempted to prosecute him.

Geoff Bennett:

The indictment is connected to a post Comey shared last year on social media of shells spelling out the numbers 8647. The Justice Department argues that post is a death threat.

Todd Blanche, Acting U.S. Attorney General:

While this case is unique and this indictment stands out because of the name of the defendant, his alleged conduct is the same kind of conduct that we will never tolerate and that we will always investigate and regularly prosecute.

Geoff Bennett:

Eighty-six, when used as slang, generally means to get rid of something. And Mr. Trump is the 47th president. The DOJ previously tried to indict Comey last year, accusing him of lying to Congress. That case was dismissed by a federal judge last year on procedural grounds.

For more on today's announcement, we're joined now by our justice correspondent, Ali Rogin.

So, Ali, what is James Comey accused of specifically in this indictment?

Ali Rogin:

This grand jury accuses Comey of two felony counts of threatening the president's life, which come with a maximum prison sentence of 10 years. There was also a warrant issued for his arrest.

And just a few minutes ago, Comey issued a response via video.

James Comey, Former FBI Director:

Well, they're back, this time about a picture of seashells on a North Carolina beach a year ago. And this won't be the end of it. But nothing has changed with me. I'm still innocent. I'm still not afraid and I still believe in the independent federal judiciary. So let's go.

Ali Rogin:

And as to those allegations, Comey said at the time that he was not aware the phrase 86 carried violent connotations and he subsequently took the post down.

Geoff Bennett:

As he says, this happened a year ago. So why now?

Ali Rogin:

Attorney General Todd -- acting Attorney General Todd Blanche said that this investigation has been ongoing for the past year and this is just how the timing worked out.

It is worth noting, however, that the president has expressed frustration with the pace of efforts to prosecute his political adversaries. And it's one of the reasons why Attorney General Pam Bondi is reported to have lost her job.

And since becoming acting, Attorney General Todd Blanche has taken several big steps in putting the focus back on President Trump's perceived political enemies, including former CIA Director John Brennan and former President Joe Biden.

Geoff Bennett:

Based on your reporting, Ali, how difficult will it be for the DOJ to make this case against Comey?

Ali Rogin:

Prosecutors are going to have a high bar to clear that Comey knowingly threatened the president. And the Supreme Court made that high bar explicit in a 2023 opinion, where they said that a person must have a subjective understanding that their statement could be interpreted as threatening.

Otherwise, that speech is protected under the First Amendment. And, as I just said, Comey said at the time that he was unaware that the phrase 86 had violent connotations.

Geoff Bennett:

Could this case open the door to others?

Ali Rogin:

It certainly could.

Blanche did say today that every case is different, the facts of each one are different. But Comey is not the first person to use this phrase, and he's likely not going to be the last. It's shown up at rallies, on signs, on T-shirts. Michigan Governor Gretchen Whitmer notably had it displayed, were the letters 8645 on her desk during President Trump's first term.

But Geoff, the statute of limitations on these cases is five years. So any forthcoming cases stemming from this one would likely have to be related to President Trump's second term.

Geoff Bennett:

Ali Rogin, thanks again for this reporting.

Ali Rogin:

You bet.