PEN America Attacks Prosecutors for Using Comey's Own Words in Trump Threat Case
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PEN America criticizes the Justice Department for citing James Comey’s novel in a case involving a possible threat against Donald Trump, raising questions about free speech and the protection of political elites.
PEN America’s legal director, Mara Gassmann, has lashed out at the Justice Department for daring to use former FBI director James Comey’s own novel as evidence in an indictment over a threat against President Donald Trump, dismissing it as a “desperate Hail Mary.” Prosecutors cited a fictional prosecutor from Comey’s book FDR Drive and a Publishers Weekly review to argue that Comey’s Instagram post—seashells arranged to read “8647”—was a coded threat.
The government maintains that “86” is slang for “remove,” and that the post, made just before the novel’s release, was intended to signal violence toward Trump, who has already faced assassination attempts. The filing also points out that Comey had a financial motive to promote his novel, a detail the liberal media conveniently ignores.
Comey, predictably, denies the charges, claiming he deleted the post after realizing it could be misinterpreted and insisting he opposes violence. His attorneys argue that the image is protected speech, not a “true threat,” and accuse the prosecution of being “vindictive and selective”—a common refrain from the left whenever one of their own faces accountability for their actions.
“A political message, expressed through a photo of seashells, is no true threat; now, the government’s use of Comey’s work of fiction to support this prosecution compounds the first amendment concerns,” Gassmann said.
“Extreme caution should be taken any time creative works are used to support criminal charges to protect the free expression rights of us all,” she added.
As Comey seeks to have the indictment dismissed, the case highlights the double standards and privileges enjoyed by political elites and their defenders.