Comey charged for Instagram post; DOJ to review threats case by case

Former FBI Director James Comey is facing new charges. The Justice Department says it will review each threat post one by one, not automatically charge everyone.
By Newsroom | Law, US Politics |

Justice Department Asserts Nuance in Threat Prosecutions

Acting Attorney General Todd Blanche stated that each instance of posting the numerical sequence "86 47" will be evaluated individually, rebuffing suggestions that such posts automatically warrant prosecution and a potential First Amendment challenge. This stance comes as former FBI Director James Comey faces a second round of criminal charges, this time for allegedly making threats against President Trump via an Instagram post.

Blanche, who previously served as Trump's personal attorney, emphasized that "every case is different" when questioned about whether the Department of Justice (DOJ) would pursue charges against all individuals posting "86 47." He cautioned against directly comparing similar-looking statements, noting that "every time that's posted, that number is posted, you know that every time there's a threat against the president, it doesn't necessarily lead to an indictment." Blanche declined further comment on specific cases.

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Prosecutors face a significant legal challenge in proving Comey's post constituted a "true threat." The Supreme Court, in a 2023 ruling, established that such a charge requires demonstrating that the individual intended for their message to be perceived as threatening.

Furthermore, Comey's defense is likely to argue selective prosecution. This claim stems from the fact that no other federal cases have been brought in connection with the posting of "86 47," including instances where Trump supporters posted "86 46" during President Biden's term.

Blanche Says Others Who Post ‘86 47’ Message Won’t Be Charged Like Comey - 1

Comey made his initial court appearance on Wednesday in the Eastern District of Virginia. The court has yet to rule on Comey's attempt to dismiss the indictment, which was based on claims of vindictive and selective prosecution. He was previously indicted in September on two criminal counts for allegedly lying to Congress.

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Background on the '86 47' Controversy

The indictment of Comey occurred shortly after a reported gunman attack at the White House Correspondents' Association Dinner attended by Trump. This incident marked the third alleged threat against Trump's life, following earlier events in Butler, Pennsylvania, and at his Florida golf course.

The Secret Service, tasked with presidential protection, confirmed its awareness of Comey's post but did not initially assess its meaning. However, federal law enforcement indicated that Secret Service agents questioned Comey as a matter of protocol, stating they would take similar action for any post potentially threatening a current or former president.

The phrase "86 47" has been interpreted by some, including Trump, as a call for assassination. Merriam-Webster Dictionary notes "to kill" as a recent, though not widely adopted, meaning for "86."

James Comey, former FBI DirectorTodd Blanche, Acting Attorney GeneralDonald Trump, President

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Frequently Asked Questions

Q: Why is former FBI Director James Comey facing new charges?
James Comey is facing new criminal charges for allegedly making threats against President Trump through an Instagram post. This is separate from his earlier indictment for lying to Congress.
Q: How will the Justice Department handle similar threat posts?
Acting Attorney General Todd Blanche stated that each post, like the numerical sequence '86 47', will be reviewed individually. They will not automatically prosecute everyone who makes a similar post.
Q: What is the legal challenge in prosecuting threat cases?
Prosecutors must prove that the person posting the message intended for it to be seen as a threat. The Supreme Court ruled in 2023 that intent to threaten is required.
Q: What is the '86 47' controversy?
The phrase '86 47' has been interpreted by some, including President Trump, as a call for assassination. The dictionary notes 'to kill' as a meaning for '86'.
Q: Will James Comey's defense argue selective prosecution?
Yes, Comey's defense is likely to argue selective prosecution because no other federal cases have been filed for posting '86 47', even when Trump supporters posted '86 46' during President Biden's term.