By Jonathan Shorman | D.C. BureauThe U.S. Department of Justice on Tuesday obtained a second grand jury indictment of former FBI Director James Comey, long a target of President Donald Trump’s anger for overseeing an investigation into Russian interference in the 2016 election.
A federal grand jury in North Carolina indicted Comey related to a photo he posted on social media of seashells arranged to read “86 47.” Comey took the photo while vacationing in North Carolina last year. The indictment alleges that Comey threatened to harm the president and that he used interstate commerce to transmit the threat when he posted the photo.
An arrest warrant was also issued for Comey. The indictment alleges that a “reasonable recipient who is familiar with the circumstances” would interpret the seashell photo as a serious expression of intent to harm Trump.
Trump supporters have interpreted the photo as a threat against the president, since “86” is a slang term for removing something and “47” could be seen as a reference to Trump as the 47th president. Comey has said the photo wasn’t intended as a call to violence and deleted the post.
“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,” acting U.S. Attorney General Todd Blanche said at a Justice Department news conference.
In a video posted online after the indictment, Comey said he was “still innocent” and wasn’t afraid.
“Well, they’re back,” he says at the start of the video.
“It’s really important that all of us remember this is not who we are as a country, this is not how the Department of Justice is supposed to be,” Comey said. “The good news is we get closer every day to restoring those values. Keep the faith.”
Trump’s feud with Comey
A federal grand jury in Virginia indicted Comey in September, accusing him of lying to Congress and obstructing a congressional proceeding. The allegations relate to his testimony in 2020 about the FBI’s investigation into links between Russia and the Trump campaign. The indictment came days before the statute of limitations ran out.
Comey pleaded not guilty before a federal judge dismissed the case in November, finding the prosecutor in the case had been illegally appointed. The judge also dismissed a separate case against Democratic New York Attorney General Letita James.
The new indictment marked another escalation in the Trump administration’s efforts to prosecute Comey and other political enemies. Last week, the Justice Department obtained an indictment against the Southern Poverty Law Center, an organization that has long angered conservatives.
Hours before the Justice Department announced the indictment, a federal judge in New York ruled that a wrongful termination lawsuit brought by Comey’s daughter, former federal prosecutor Maurene Comey, could proceed. Maurene Comey claims she was improperly fired from the Justice Department because of her father or for political reasons.
Blanche takes questions
The new prosecution also comes as Blanche, a personal defense attorney for Trump, leads the Justice Department following the departure of Pam Bondi. Trump has not yet nominated a permanent attorney general.
The Tuesday indictment was signed by Matthew Petracca, an assistant U.S. attorney in the Justice Department’s Criminal Division.
“This is a ridiculous indictment against James Comey. The Department of Justice will lose in court, again,” U.S. Rep. Ted Lieu, a California Democrat, wrote on social media.
At the news conference, Blanche fielded skeptical questions from reporters about how the case came together and why the criminal case wasn’t brought until nearly a year after the post. He refused to discuss evidence in the case, saying that would be unfair to Comey and prosecutors.
“You are not allowed to threaten the president of the United States of America,” Blanche said. “That’s not my decision, that’s Congress’ decision.”
