Legal experts dispute skepticism over Comey indictment

James Comey indictment faces First Amendment scrutiny as prosecutors press ahead See why legal experts say the case may hinge on intent, context, and proof

Legal experts are pushing back against claims that the indictment of former FBI Director James Comey will fail, saying prosecutors would not have brought the case without evidence that meets the legal threshold. Former Democratic U.S. Attorney John Fishwick, who served in Virginia during the Obama administration, said it is too early to dismiss the case and argued that Comey’s post on Instagram should be viewed in the broader context of his public criticism of Donald Trump and the current climate of political threats. The indictment, filed in the Eastern District of North Carolina, accuses Comey of threatening the president through a post that included seashells arranged to read “8647.” Prosecutors say they must prove both intent and that the message amounted to a true threat, while critics argue the case raises First Amendment concerns. Comey has denied wrongdoing and is scheduled to be arraigned on May 11 in Greenville.