Comey claims DOJ conducted 'illegal' surveillance in new motion seeking dismissal of Trump threat charges
Former FBI Director James Comey filed new motions in his effort to toss out federal charges accusing him of threatening President Trump. Comey's lawyers argue the indictment should be dismissed on the grounds of vindictive and selective prosecution, and accused the U.S. S…
Intelligence analysis by Llama
James Comey's lawyers argue that the indictment against him should be dismissed due to vindictive and selective prosecution, and that the U.S. Secret Service conducted 'illegal electronic surveillance' of him without a warrant.
Imagine you're at a restaurant and you see a sign that says '86' - that means the restaurant is out of a certain menu item. James Comey posted a photo of seashells on a beach that spelled out the numbers '86 47.' He didn't mean to threaten the President, but the government thinks he did. Comey's lawyers are saying that the government is being unfair and that they should drop the charges.
Analysis
A Years-Long Feud Comes to a Head
The case against James Comey is the latest salvo in a years-long feud between the former FBI director and President Trump. The two have been at odds since Trump fired Comey in 2017, with Comey calling Trump 'morally unfit' to be president and Trump labeling Comey a 'dirty cop.'
The indictment against Comey accuses him of threatening Trump with a photo of seashells on a beach arrayed to form the numbers '86 47.' Comey's lawyers argue that the phrase is not a true threat against Trump, but rather a reference to restaurant slang that an establishment is out of a menu item. They also claim that the government has singled out Comey for prosecution due to Trump's animus towards him and his protected speech.
A Pattern of Misconduct?
The new court filings also accuse the U.S. Secret Service of conducting 'illegal electronic surveillance' of Comey without a warrant. The filings claim that the Secret Service 'pinged' Comey's phone to track its location, which some personnel viewed skeptically. The details of the surveillance are from an affidavit filed by Comey's attorney, Patrick Fitzgerald, who cited 'substantial discovery provided by the Government.'
A Franks Hearing?
Comey's legal team is also asking for a Franks hearing, a court proceeding where the judge overseeing his case would determine if the government misled or lied to the magistrate judge who approved search warrants. The affidavits at the center of those search warrants, Comey's legal team said, 'omitted facts known to the affiant,' and 'misled the magistrates with material falsehoods.'
The Implications
The outcome of this case could have significant implications for free speech in the United States. If the indictment against Comey is dismissed, it could set a precedent for the protection of speech that is critical of public figures. On the other hand, if the indictment is upheld, it could be seen as a chilling effect on free speech, with the government using its power to silence critics.
Key points
- James Comey's lawyers argue that the indictment against him should be dismissed due to vindictive and selective prosecution.
- The U.S. Secret Service is accused of conducting 'illegal electronic surveillance' of Comey without a warrant.
- Comey's legal team is asking for a Franks hearing to determine if the government misled or lied to the magistrate judge who approved search warrants.
- The outcome of this case could have significant implications for free speech in the United States.
If the indictment against James Comey is dismissed, it could set a precedent for the protection of speech that is critical of public figures. This could lead to a more robust and free exchange of ideas in the United States, with citizens feeling more empowered to speak out against those in power.
On the other hand, if the indictment against James Comey is upheld, it could be seen as a chilling effect on free speech. This could lead to a more cautious and self-censored public discourse, with citizens feeling less empowered to speak out against those in power.
