The new charges include “knowingly and wilfully” making a threat against the President and transmitting a threat in interstate commerce, according to the indictment. A grand jury in the Eastern District of North Carolina, which is where Comey’s seashell photo was allegedly taken, approved the charges on Tuesday.
“I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary, so let’s go,” Comey said. “But it’s really important that all of us remember this is not who we are as a country, this is not how the Justice Department is supposed to be.”
The new case also comes weeks after Trump dismissed Attorney General Pam Bondi, over whom he had reportedly expressed grievances that she did not aggressively pursue investigations into or failed to indict his critics. Bondi had also faced significant backlash over her department’s handling of the Epstein files, documents related to the investigation into convicted sex offender Jeffrey Epstein.
“Threatening the life of the President of the United States will never be tolerated by the Department of Justice,” Acting Attorney General Todd Blanche said at a press conference on Tuesday. “While this case is unique and this indictment stands out because of the name of the defendant,” Blanche added, “his alleged conduct is the same kind of conduct that we will never tolerate and that we will always investigate.”
At the time, the post was met with indignation from Trump officials and a large number of Republicans, who saw the image as an incitement of violence against the President. Kristi Noem, then-Homeland Security Secretary who was removed from her post in March, opened a Secret Service investigation into Comey over the post. Comey reportedly voluntarily sat for an interview with the Secret Service in Washington, D.C., in May, during which he told agents that he had seen the shell arrangement while walking on the beach.
Read More: What Does ‘86 47’ Mean? Why James Comey Is Under Investigation Over an Instagram Post
In an interview with Fox News last May, Trump insisted that Comey “knew exactly” what the numbers meant: “A child knows what that meant. If you’re the FBI director and you don’t know what that meant, that meant assassination.”
Comey, a longtime foe of Trump
Trump has for years called for Comey’s prosecution ever since the former FBI director oversaw the bureau’s investigation into alleged ties between Trump’s first presidential campaign and Russian officials in 2016. Comey also led the FBI’s probe into former Secretary of State Hillary Clinton’s use of her personal email at the time.
The Justice Department under Trump has also opened investigations into a number of his perceived adversaries, including Federal Reserve Chair Jerome Powell, New York Attorney General Letitia James, and California Sen. Adam Schiff. In all three instances, charges have been dismissed or not been brought. Trump has also dismissed or sought to dismiss dozens of officials in firings that critics have called politically motivated. On Tuesday, a judge ruled that former federal prosecutor and Comey’s daughter Maurene Comey, who was abruptly fired last July, can challenge her dismissal in federal court. Fed Governor Lisa Cook, whom Trump tried to fire last August, is also challenging Trump’s attempted dismissal in a case before the Supreme Court.
On Tuesday, the department also indicted a former senior official at the National Institute of Allergy and Infectious Diseases and top adviser to Dr. Anthony Fauci on charges of concealing federal records during the COVID-19 pandemic. Republicans have long accused Fauci and his aides of covering up key information related to the pandemic. Joe Biden preemptively pardoned Fauci, among others, in his last act as President, as he feared “unjustified and politically motivated prosecutions” by the incoming Trump Administration.
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