In an extraordinary escalation of a long-running political feud, the US justice department has for the second time indicted James Comey, the former FBI director, over a photograph of seashells that prosecutors allege constituted a coded death threat against Donald Trump.
New charges, old legal battle
The US Department of Justice has for the second time brought charges against former FBI director James Comey, American media outlets were told on Tuesday by sources familiar with the matter.
One of Comey’s defence lawyers from his previous case – which involved allegations of making false statements to Congress – declined to comment on the nature of the new charges. The 65-year-old Comey was first accused last year, on September 25, of giving false testimony and obstructing justice. However, two months later, a federal judge dismissed that case on the grounds that the then acting US attorney, Lindsay Hollyman, had been improperly appointed and “lacked lawful authority” to pursue an indictment.
During a hearing before the Senate judiciary committee on September 30, 2020, Comey denied having authorised the release of information to the media relating to the FBI’s inquiry into alleged ties between Donald Trump and Russia, as well as the use of a private server by former secretary of state Hillary Clinton to store classified documents. At the time, Republican senator Ted Cruz directly accused Comey of having “leaked” that “particularly sensitive” information to a leading US newspaper.
A seashell photograph as evidence
According to media reports, Comey was charged on Tuesday with posting a photograph that allegedly posed a threat to President Donald Trump. Three sources told the broadcaster that this marked the second attempt by the president’s administration to prosecute one of his main political opponents. The indictment also comes less than a month after the US president sacked attorney general Pamela Bondi. Several weeks ago, Trump complained that Bondi had been “insufficiently aggressive” in carrying out his agenda of punishing political adversaries.
The sources explained that the new case centres on a photograph posted by the former FBI director of seashells arranged on a beach to form the number “8647”. In the United States, the number 86 is often used to mean getting rid of something, while 47 corresponds to Trump’s current term as the 47th president. Republicans have claimed that this constitutes a “direct death threat” against President Donald Trump. Comey has said: “I did not realise that some people associate these numbers with violence.” He wrote beneath the image: “Interesting shell pattern on my beach walk.”
Trump’s man at the helm of the justice department
Todd Blanche, Bondi’s deputy and a former personal lawyer to Trump, now runs the US Department of Justice and has been quick to act on the agenda publicly promoted by Trump. “While this case is unusual, and the indictment stands out because of the defendant’s name, his alleged conduct is something we will never tolerate and will always investigate,” Blanche told a press conference on Monday.
Court records show that prosecutors have issued an arrest warrant for Comey. However, that does not always mean an arrest is imminent. It is also possible that Comey will be allowed to turn himself in. Meanwhile, many lawyers and experts remain deeply sceptical that Comey will end up behind bars. “This is plainly not a punishable threat,” Eugene Volokh, a senior fellow at the Hoover Institution at Stanford University, told CNN.
