By Douglas V. Gibbs

After nearly a year of investigation, according to FBI Director Kash Patel, prosecution of James Comey for his coded threat against President Donald Trump is necessary.  An indictment has now been issued.  Acting Attorney General Todd Blanche said the indictment reflects a straightforward application of federal law prohibiting threats against the president.

The argument against the indictment is that it violates the First Amendment.  In response, Blanche said that prosecutors will need to prove intent at trial, arguing that threats against the president are not protected speech.  For the indictment to have been brought, a grand jury has already found sufficient evidence to proceed.

The alleged threat stems from an Instagram photo of sea shells spelling the numbers 8647, which Comey captioned, “Cool shell formation on my beach walk.”  The 86 is a slang term for “to reject,” or “to get rid of.”  It also means, “to kill,” of which the enemies of Donald Trump have recently adopted.  Comey insisted he did not know what the numbers meant.

Comey later deleted the Instagram post, saying in a follow-up that he assumed the sea shells were a political message.

Comey has responded to the indictment stating he is “innocent and still not afraid.”

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