Comey Asks Judge to Drop Case over Seashells Instagram Post

CBS News

Former FBI Director James Comey urged a federal judge on Monday to throw out an indictment alleging he threatened President Trump’s life, arguing that it targets speech protected by the First Amendment and that the phrase at the center of the charges, “86 47,” does not connote violence.

Lawyers for Comey wrote in their motion to dismiss the case that the indictment returned by a federal grand jury earlier this year “targets and chills” political speech. The First Amendment, they wrote, prohibits the government from using criminal prosecution to punish a political opponent.

“Forcing Mr. Comey to stand trial for a statement opposing the President — even if he is ultimately acquitted — would itself be an unconstitutional punishment of free speech,” Comey’s defense team wrote. “And it would invite future prosecutions by the Executive Branch against perceived political enemies for their opposition to the President.”

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