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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsExclusive: Justice Department indicts former FBI Director James Comey for a second time

https://www.cnn.com/2026/04/28/politics/justice-department-indicts-ex-fbi-director-james-comey-again
The specific charges were not immediately clear.
President Donald Trump has long pressed for his political adversaries to face charges, including the former FBI director whom he believed to be a key player in the alleged effort to weaponize justice system against him.
In September of last year, the Justice Department first brought charges against Comey, accusing him of lying to Congress over leaks to the press. The case was dismissed late last year by a federal judge who found that the interim US Attorney for the Eastern District of Virginia had been improperly appointed, having skirted approval from the Senate.
mahatmakanejeeves
(70,541 posts)Bookreadingliberal53
(170 posts)Goonch
(5,495 posts)
FullySupportDems
(477 posts)MustLoveBeagles
(17,104 posts)FullySupportDems
(477 posts)I get your point. It is abuse of power. But for the guy who helped install orange Satan in the first place, I simply cannot care. FAFO He aided and abetted the traitor. Traitors. Traitors who declared war on their own country. I don't care what happens to him. Just my 2 cents.
MustLoveBeagles
(17,104 posts)There was a perfect storm of shit that prevented her from becoming President. Comey was a major one I'll admit. I wonder if he thinks it was worth it?
FullySupportDems
(477 posts)Like when Charlie Kirk was murdered, I didn't cheer that.
Maybe I should take it down a notch.
I wonder that as well. Does he ever question if it was worth it.
I'll give him a pass if his family was threatened. That would do it, and the thugs in charge would for certain resort to threats. Pure speculation on my part. It's the only reason I'd not condemn him for that I can think of.
FullySupportDems
(477 posts)Our half beagle and half chihuahua was a force of nature I will always miss. A 25lb Tasmania devil when he wanted to be, but oh so cute. Love Beagles and chihuahuas ❤️
MustLoveBeagles
(17,104 posts)bif
(27,151 posts)multigraincracker
(37,956 posts)being indicted after the mid-terms.
LetMyPeopleVote
(181,598 posts)The latest indictment of the former FBI director is ridiculous, but its part of an unsubtle pattern from the acting attorney general.
The indefensible second Comey indictment is obviously evidence of a weaponized and corrupted Justice Department.
— Steve Benen (@stevebenen.com) 2026-04-28T19:39:33.394Z
But itâs also one of many unsubtle steps Todd Blanche has taken lately to delight Trump and try to nail down an AG nomination.
www.ms.now/rachel-maddo...
https://www.ms.now/rachel-maddow-show/maddowblog/comeys-second-indictment-shows-the-lengths-blanche-will-go-to-please-trump
In theory, Trumps DOJ should have been chastened by the condemnations and by the cases failure. In practice, the shamelessly weaponized department decided to give it another try. MS NOW reported:
The Trump Justice Department has charged former FBI Director James Comey again, following the dismissal of his first indictment due to the illegal appointment of the prosecutor who secured it.
The new indictment involves allegations that Comey made threats against President Donald Trump in a May 2025 social media posting of a picture of shells on the beach that spelled out 8647, a source familiar with the matter told MS NOW.
I can appreciate why this might seem like an unfortunate attempt at humor, but its apparently quite real. While plenty of political figures from both parties have used 86 over the years as a shorthand for rejecting foes, the president and his team argued in apparent seriousness last spring that the former FBI director had used Instagram to call for violence against Trump by way of a seashell-related code.....
Over the course of a few weeks, the Blanche-led DOJ has prosecuted a progressive group the president hates, intensified a politically motivated purge, advocated firing squads as a method of federal execution while slamming Joe Biden in gratuitous ways, intervened in support of Trumps ballroom crusade and indicted a former aide to Dr. Anthony Fauci (a leading figure on the White Houses enemies list) before indicting Comey (another leading figure on the White Houses enemies list.)
At an official event this week, the acting attorney general offered such sycophantic praise for the president he seemed to be auditioning to star in a Trump campaign ad.
Acting Attorney General Blanche is now doing a campaign-style promo for Trump
— Aaron Rupar (@atrupar.com) 2026-04-27T19:42:41.239Z
No one should want to be an attorney general nominee this badly (under Trump, its not even an especially good job anyway), but Blanches actions are about as subtle as a sledgehammer.
LetMyPeopleVote
(181,598 posts)This case is so stupid that Blanche, Patel and the attorney who signed the indictment need to be disbarred or sanctioned. There is existing SCOTUS authority that this statement is protected by the First Amendment. The SCOTUS opinion dealt with a less ambiguous compared to the 8647 being used here
https://firstamendment.mtsu.edu/article/watts-v-united-states/
On further appeal, the Supreme Court reversed in a 5-4 per curiam opinion. The majority determined that the federal statute prohibiting threats against the president was constitutional and that true threats receive no First Amendment protection.
However, the majority also determined that Wattss crude statements were political hyperbole rather than true threats. What is a threat must be distinguished from what is constitutionally protected speech, the majority wrote. The language of the political arena is often vituperative, abusive, and inexact.
The Court agreed with Wattss counsels characterization of Wattss speech as a kind of very crude offensive method of stating a political opposition to the President that did not qualify as a true threat.
Justice William O. Douglas concurred in an opinion that would have gone further than the per curiam majority opinion and invalidated the federal statute. Suppression of speech as an effective police measure is an old, old device, outlawed by our Constitution, he concluded. Justice Abe Fortas, joined by John Marshall Harlan, dissented in a very short opinion questioning whether the Court should have taken the case.

PCB66
(168 posts)expects to win in the long run.
Just run up Comey's legal fees as punishment.
Politics in DC as usual.
LetMyPeopleVote
(181,598 posts)Link to tweet
The Supreme Court said that was political hyperbole, not a true threat.
Now imagine if Watts had written it in seashells.

LetMyPeopleVote
(181,598 posts)Again, this is more proof that this is a political decision/prosecution to make trump happy
Link to tweet
Link to tweet
moondust
(21,336 posts)Is there any legal recourse?
LetMyPeopleVote
(181,598 posts)LetMyPeopleVote
(181,598 posts)The new indictment against the former FBI director checks a set of boxes for the president, none of which has anything to do with securing a conviction.
The case against Comey will obviously fail, but a conviction isnât the point. For Trump, the indictment:
— Steve Benen (@stevebenen.com) 2026-04-29T13:01:38.440Z
- makes clear that he can prosecute his enemies based on nothing but his whims, without regard for merit or evidence
- scares other prosecutors into obedience
- imposes hardships on a foe
https://www.ms.now/rachel-maddow-show/maddowblog/the-case-against-comey-will-almost-certainly-fail-for-trump-thats-not-the-point
Even if the Justice Department cannot convict Comey, prosecutors can make his life miserable for several months by forcing him to pay for a lawyer, occupy his time and attention, emotionally exhaust his family and disparage his reputation.
To be sure, I dont doubt that the president and those who are doing his bidding would be delighted to see Comey found guilty, but given how pitiful the case is, thats unrealistic.
Theres no reason to assume, however, that a conviction is Trumps intended endpoint. On the contrary, given the broader context, the new indictment checks a different set of boxes for the Republican president.
First, Trump appears eager to make it clear that he can orchestrate federal prosecutions based entirely on his whims and petty desires, without regard for merit or evidence. There is, for all intents and purposes, a White House enemies list, and the president seems eager to intimidate and instill fear on those whose names appear on it.
Second, Trump is sending an unsubtle signal to other federal prosecutors who might be inclined to prioritize the rule of law over the White Houses wishes. Indeed, when it comes to the pursuit of the former FBI director, prosecutors who chose not to bring charges against Comey were replaced with those who would follow political instructions. As a second set of charges moves forward, the message to other prosecutors couldnt be clearer: Play along with the revenge campaign, or face unemployment.
And third, the Comey conviction allows the president to effectively argue that he can force his perceived enemies to endure legal, personal and financial hardships as a direct consequence of their defiance of him, even if the indictments are a joke, and even if the defendants are ultimately acquitted.
Trying to convict the former FBI director is largely irrelevant. The corruption is the point.
I will never forgive Comey for helping elect trump. I was training voter protection attorneys and poll watchers at a downtown law office when one of my firm's associates who was attending the class gave me a funny look. While I was in middle of the class, Comey had announced that they re-opened the Clinton investigation due to emails on Clinton's assistant computer. When I found out, I was shocked because the FBI and DOJ were not supposed to do anything political just before the election. Comey help get trump elected and now trump is persecuting Comey
LetMyPeopleVote
(181,598 posts)LetMyPeopleVote
(181,598 posts)For the first time since the former FBI directors indictment, the president tried to defend the criminal case. It didnt go well.
Trump suggested yesterday that Comeyâs seashell message âprobablyâ put his life in danger.
— Steve Benen (@stevebenen.com) 2026-04-30T13:11:30.556Z
Put it this way: When even Troy Nehls â who recently said Trump is âthe almost the second comingâ â thinks a case is âa stretch,â itâs clear that the White House is out on a limb.
www.ms.now/rachel-maddo...
https://www.ms.now/rachel-maddow-show/maddowblog/trump-comey-seashells-charges-defends
But asked Wednesday about Trumps Justice Department indicting James Comey, claiming that the former FBI director used Instagram to call for violence against the president by way of a seashell-related code, Nehls replied, I think its a stretch.
Not to put too fine a point on this, but when Troy Nehls is willing to say, out loud and in public, that even he is unconvinced by the merits of a ridiculous criminal case against a White House foe, its striking evidence that the administration is pushing its luck.
Around the same time the Texan offered his assessment, the president himself made his first public comments on the indictment announced two days earlier. He seemed eager to defend the case on its merits, though his pitch wasnt exactly persuasive.
BREAKING: President Trump responds to the second indictment of former FBI Director James Comey, saying his life was 'probably' in danger from Comey's 2025 social media post showing shells arranged in a pattern reading "86 47."
— MS NOW (@ms.now) 2026-04-29T19:27:54.842Z
....Putting aside the inconvenient fact that theres still no evidence of Comey being dirty, a variety of Trump allies have used 86 in a colloquial context, even in reference to Joe Biden during the Democrats presidency, and none of them has ever faced a federal criminal investigation or been prosecuted by the Justice Department.
The former FBI directors lawyers made clear Wednesday theyll defend Comey by arguing that the case is an illegal example of political retribution. I like their chances.
I live in Troy Nehls' district. Nehls is pure scum who is not running this cycle because of pending ethics investigation. Nehl manipulated the filing process by delaying the announcement so that Troy's twin brother is the GOP nominee for this seat. Susan Bankston aka Juanita Jean is a friend who also hates Nehls. I had fun telling Susan about this MaddowBlog post. Susan pointed out to me that Tever Nehls (Troy's twin) lost for sheriff and in other races and hopefully people will hold that against Trever.
The fact that the MaddowBlog had fun with Troy Nehls really made me smile
LetMyPeopleVote
(181,598 posts)The high court a decade ago explicitly overturned the legal standard that prosecutors are now citing to charge Comey with threatening President Trump.
The Comey indictment could be upended by this 2015 Supreme Court precedent www.washingtonpost.com/national-sec...
— Timothy McBride (@mcbridetd.bsky.social) 2026-05-01T00:24:04.224Z
https://www.washingtonpost.com/national-security/2026/04/30/comey-indictment-supreme-court-precedent
Roberts, along with a majority of the court, ruled in the 2015 case Elonis v. United States that prosecutors seeking to convict someone of sending a dangerous message must prove the person intended to make a violent threat or at least knew there was a substantial chance it would be viewed as threatening......
The charges focus on a photo that Comey posted last year showing seashells on a beach arranged to spell out 86 47. Because 86 can signify to get rid of, and President Donald Trump is the 47th president, prosecutors say the shells arrangement means a reasonable recipient would interpret the message as a serious expression of an intent to do harm to Trump.
But that language is from an older, lower legal standard, one that the Supreme Court explicitly overruled in the 2015 case. Eight legal experts interviewed for this article said the Comey indictment fails to provide evidence that the former FBI director intended his social media message as a genuine threat to the president.
Under court rules, prosecutors are obligated to shape the language of their charges to conform with the current state of the law......
The indictment lacks an essential element of a true threat crime mainly that the speaker intended to threaten violence, or acted in conscious disregard of the substantial risk that their communication would be viewed as threatening, said Cole, a former national legal director of the American Civil Liberties Union. They dont allege any of that in the indictment.....
In 2015, the Supreme Court had another chance to define what constitutes a threat and what is speech protected under the Constitution and they set the threshold even higher.
In the Elonis case, which centered on a Pennsylvania man who made potentially threatening statements online, the justices concluded that the mindset of the person who made the comment must be considered. It is not enough for the subject of a comment to view it as a threat, they ruled; the person who made it must have intended it that way.
Eight years later, in Counterman v. Colorado, the Supreme Court reaffirmed Elonis and tweaked the definition a bit, saying prosecutors could also prove that the person making the statement understood that there was a substantial risk the comment would viewed as threatening.
The charges laid out in the Comey indictment, legal analysts said, do not allege that this threshold was met. Instead, the indictment cites the legal standard laid out in the Supreme Courts Watts opinion, one it subsequently overturned......
Prosecutors appeared to nod to the higher standard in the indictment, alleging that Comey knowingly and willingly threatened the life of the president. But legal analysts interviewed said that language alone does not meet the legal standard set by the Supreme Court.
I really had fun reading this legal analysis. I quoted the Watts case in some other posts. Here is clear that this indictment is using a standard that the SCOTUS has rejected and that this indictment would fail under the current state of the law as announced by SCOTUS. This indictment was issued in bad faith and will not survive pass a motion to dismiss.
Blanche is ignoring established SCOTUS precedent