Ex-FBI Director James Comey indicted again, in probe over an online post officials call a Trump threat

WASHINGTON (AP) — Former FBI Director James Comey was indicted again Tuesday, this time in an investigation over a social media photo of seashells arranged on a beach that officials said constituted a threat against President Donald Trump.

The criminal case is the second in a matter of months against Comey and is part of the Trump administration Justice Department’s relentless effort to prosecute political opponents of the Republican president.

The seashells photo was posted nearly a year ago, but the indictment was secured at a time when acting Attorney General Todd Blanche, a Trump loyalist who previously served as his personal lawyer, aims to prove to the president that he is the right person to hold the job permanently.

The fact that the Justice Department pursued a new case against the ex-FBI director months after a separate and unrelated indictment was dismissed could expose the government to claims of a vindictive prosecution and to arguments that it is going out of its way to target Comey, who had overseen the early months of an investigation into whether Trump’s 2016 campaign had coordinated with Russia to sway the outcome of that year’s election.

Comey was fired by Trump months into the president’s first term as that investigation was underway, and they have openly feuded ever since.

The two-count indictment charges Comey with “knowingly and willfully” making a threat to “take the life of, and to inflict bodily harm upon” Trump and with transmitting a threat in interstate commerce.

It does not provide evidence to support the claim Comey knowingly threatened Trump, especially since he Comey said the opposite, but suggested a “reasonable recipient who is familiar with the circumstances would interpret” the message as a threat to do harm.

At a news conference announcing the indictment, Blanche refused to elaborate on any evidence of intent the government has but said: “How do you prove intent in any case? You prove intent with witnesses, with documents, with the defendant himself to the extent it’s appropriate. And that’s how we’ll prove intent in this case.”

And in an effort to rebut claims that Comey was being selectively prosecuted, Blanche contended that the case against the former FBI director was similar in kind to other threats cases the department routinely brings against the lesser known.

“While this case is unique and this indictment stands out because of the name of the defendant, his alleged conduct is the same kind of conduct that we will never tolerate and that we will always investigate and regularly prosecute,” Blanche said.

The case was filed in the Eastern District of North Carolina, the state where Comey found the seashells.

Comey’s lawyer did not immediately respond to a request seeking comment Tuesday, and a Justice Department spokesperson did not immediately comment.

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