James Comey Exposes Major Flaw in Trump’s Lawsuit Against Him

Former FBI Director James Comey may have ruined the federal government’s case against him.

Comey’s attorneys argued in a court filing Tuesday night that he was charged under the wrong law, making the government’s criminal indictment moot.

“On the actual question before the court, the government has little to offer,” the filing states. “A call for others to commit violence can only be incitement—which the indictment does not charge.”

Comey was charged with making threats against President Donald Trump by posting a picture to social media of seashells spelling out “86 47” in May last year. But his lawyers argued that the government made a mistake. Prosecuting Comey under the wrong law would unconstitutionally “broaden the possible bases for conviction beyond those included in the indictment.”

“The government’s attempt to prosecute an incitement case through a threats indictment violates settled law,” Comey’s lawyers wrote. “The indictment must be dismissed.”

Comey’s lawyers also mocked the federal government’s rationale that “86 47” constitutes a death threat, accusing federal prosecutors of relying on “a 2005 edition of Cassell’s Dictionary of Slang” and a 1991 New York Times article explaining to its readers that “86” was “military jargon for killed in action.”

The fact that prosecutors had to explain the term means that “the ordinary meaning of ‘86’ is not ‘to kill,’” the filing states, making it clear that “86 47” is “a statement of nonviolent political opposition.”

Trump is obviously using ginned-up charges to take revenge on Comey for supposedly wronging him during his first term as president. The case has been riddled with missteps since last year. It doesn’t help that the embattled current FBI Director Kash Patel cobbled the case together based on conspiracy theories, or that prosecutors consulted a former mobster in an attempt to prove that “86” was threatening language, only to be told their claims were bogus.

The Department of Justice even made the stunning claim that, while Trump or his supporters didn’t pressure the DOJ to prosecute Comey, it’s OK if the department has no independence from the president. This case has all kinds of issues, and Comey’s attorneys seem to have no trouble making it look like a farce.