The Department of Justice accused Comey of threatening the president’s life when he posted a photo of seashells to his Instagram account last year, arguing that the message the shells spelled out—“86 47”—would be interpreted by any person “familiar with the circumstances” as a “serious expression of an intent to do harm to the president,” according to Comey’s indictment.
The Secret Service questioned Comey by phone hours after he shared the protest message on Instagram May 15. Despite being informed by a Secret Service agent that the telephone interview would likely suffice, Comey agreed to further questioning in Washington. “From that point forward, high-level DOJ and White House officials (including the President) involved themselves in the investigation,” stated Comey’s attorneys.
They did so at the behest of the “number three” person at the DOJ, according to the legal document. That individual is not named in the memo, but the number three person at the DOJ is the associate attorney general, a position that was not filled by a Senate-confirmed official at the time of Comey’s surveillance. The agents tailed Comey and his wife even as they visited the grave of their deceased son, according to the filing.
Trump has been very public about his contempt for Comey since the FBI director led the investigation into Trump’s ties to Russia following the 2016 presidential election. Trump fired Comey in the midst of that probe, prompting a follow-up investigation by Comey’s predecessor, special counsel Robert Mueller, that determined that Russian influence in the 2016 election was “sweeping and systemic,” and found substantial (if non-prosecutable) evidence that Trump had obstructed justice by firing Comey.
In the hours following Comey’s post, the Secret Service instituted a new policy that redefined “86 47” as a formal threat to the president’s life. However, the agency rolled back the change by the day’s end and returned to “business as usual”as the policy shift resulted in an overwhelming amount of potential leads that lacked “threatening language,” according to the filing.
Comey has denied the accusations, claiming that he was only familiar with the term via restaurant slang, where it contextually means to remove an item off the menu.
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