In the latest bizarre twist of President Donald Trump's use of the Department of "Justice" to go after his perceived enemies, his henchmen have brought yet another indictment (a first one was dismissed) against former FBI Director James Comey for threatening the life of the President and using Instagram to convey his threat. The evidence? An Instagram post featuring seashells arranged so they read "8647."
86 is American slang for getting rid of something. Trump is the 47th President.
According to The Popehat Report, this is what the government must prove: ". To prove a threat against the President in violation of Section 871, the prosecution must offer “(1) the proof of "a true threat" and (2) that the threat is made "knowingly and willfully."“ United States v. Lockhart, 382 F.3d 447, 449-450 (4th Cir. 2004). To prove a threat in interstate commerce in violation of Section 875(c), the government must prove that “(1) that the defendant knowingly transmitted a communication in interstate or foreign commerce; (2) that the defendant subjectively intended the communication as a threat; and (3) that the content of the communication contained a "true threat" to kidnap or injure.” United States v. White, 810 F.3d 212, 220-21 (4th Cir. 2016). For purposes of both statutes, a “true threat” is a statement which an “ordinary, reasonable recipient who is familiar with the context in which the statement is made would interpret it as a serious expression of an intent to do harm.” White, 810 F.3d at 221." There is no way that any reasonable person could conclude that Comey's vulgar post, one he deleted himself, poses a threat. On its face, this indictment is invalid.
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