Former FBI Director James Comey surrendered Wednesday to law enforcement before his first appearance in federal court in the Eastern District of Virginia.
Comey, who is charged with making a threat against President Donald Trump by photographing seashells on a North Carolina beach, was allowed to leave court with no conditions of release after a brief hearing that lasted less than 10 minutes.
“I don’t see why they’d be necessary this time,” Judge William Fitzpatrick said, noting that there were no conditions set when the Justice Department first attempted to bring a case against Comey last year.
Comey’s latest indictment, which was brought Tuesday, comes as acting Attorney General Todd Blanche has picked up the pace in bringing cases that the president has publicly jockeyed for.
The new case represents a reinvigorated effort to satisfy Trump’s demands to investigate his foes, including Comey, who he sees as a key leader in the perceived effort to “weaponize” the justice system against him.
The former FBI director was indicted Tuesday over an alleged “threat” to President Donald Trump made in a social media post. CNN’s Katelyn Polantz explains what Comey’s post meant and why this is his second time facing charges under the Trump administration.
Comey is now charged with making a threat against the president and transmitting a threat in interstate commerce.
The charges were brought in the Eastern District of North Carolina, but Comey’s first appearance was in a courthouse in Alexandria, Virginia as it’s closer to his home.
On Tuesday, Comey entered and exited the courtroom through a side entrance used by defendants. He wore a dark suit and did not speak during the hearing.
He was not asked to enter a plea on Wednesday.
Comey’s attorneys, however, told the judge they plan to file motions accusing the Justice Department of selectively and vindictively prosecuting their client.
No date has been set for Comey’s arraignment or first appearance in North Carolina.
The US Attorney from the Eastern District of North Carolina, Ellis Boyle, who will be overseeing this case as it moves to the federal court in New Bern, NC, was in the courtroom Wednesday.
● The threat
Tuesday’s indictment is centered on a picture Comey posted on social media last May, of shells on a beach writing out the numbers “86 47.” He wrote in the caption, “Cool shell formation on my beach walk.”
Almost immediately following his post, Republicans and administration officials began criticizing Comey for what they said amounted to a death threat against President Donald Trump.
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When used as slang, the number 86 can refer to getting rid of or tossing something out. Trump is currently the 47th president.
“This is not going anywhere. This is clearly not a punishable threat,” Eugene Volokh, a senior fellow at the Hoover Institution at Stanford University who specializes in First Amendment law, told CNN Tuesday.
This is the second time that Trump’s Justice Department brought charges against Comey.
In September of last year, the Justice Department first brought charges against Comey, accusing him of lying to Congress over leaks to the press.
The case was dismissed late last year by a federal judge who found that the interim US attorney for the Eastern District of Virginia had been improperly appointed, having skirted approval from the Senate.
[CNN]
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