FBI Interviews James Comey Re: Social Media Post
Posted on Fri May 16, 2025 at 08:47:15 PM EST
Tags: James Comey, Donald Trump (all tags)
Former F.B.I. Director James Comey was escorted to the Secret Service offices today for a voluntary interview about a social media post he wrote:
On Thursday, the former FBI head posted a photo of the numbers “86 47” spelled out by shells on a beach he said he came across. Comey quickly took down the post after Republicans and Trump allies said he was calling for the president’s assassination.
“I didn’t realize some folks associate those numbers with violence,” Comey said of the number “86,” which can refer to something being tossed away or taken out. The corresponding “47” matches Trump’s current term in office as the 47th president. “It never occurred to me but I oppose violence of any kind so I took the post down.”
Legal experts on the First Amendment interviewed by CNN seem unanimous that there's no criminal case to be made here. [More...]
As for Trump's claim that even a child would know the numbers referred to assassination, I disagree. I stared at the numbers for 30 seconds and couldn't figure out what they stood for. I had to look it up. And I'm someone who makes a new file folder called "86" File" every year. (It's a file with notes I took during interviews of potential clients, who never became active clients.) "86" to me means something to toss out or discard. It could also mean discarding a person, as in 86'ing someone from your circle of friends. But discarding someone by killing them? Would never cross my mind.
To me, the story here is not about free speech. It has always been the rule here at TalkLeft that comments referring to or suggesting acts of violence against someone else will be removed. I don't want to get sued and have to litigate whether readers' comments are protected free speech. Hiring a lawyer to defend a civil case is expensive. Now there's another reason: I don't want to have to pay for legal representation because a criminal investigation has been initiated over comments posted on TalkLeft that others may view as a threat. When the Government decides to exercise its awesome power against you, it's not a matter to be taken lightly. Whether you think you did nothing wrong is besides the point.
So even though James Comey is likely off the hook and should be, the lesson to be learned here is don't do what he did -- if the Secret Service, FBI, ICE or the local police comes a'knocking, ask to call a lawyer before you agree to an interview. These people are not your friends. They aren't asking you to come downtown so they can share a cup of coffee and some donuts with you. They are seeking evidence with which they can charge you or someone close to you with a crime.
The Fifth Amendment privilege against self-incrimination is there for a reason. Use it or lose it. Our jails are filled with people who thought if they could only tell their side of the story, the agents or prosecutors would see it their way. It rarely happens. Call your lawyer, and if you can't afford one or don't know of one, call someone who can recommend one.
"Miranda Rights" are different. They only apply to custodial interviews. How do you know if you are in custody? Are you free to leave?
A good rule of thumb, especially if stopped for a traffic violation and after returning your license and registration and any a ticket or warning, the officer starts asking you questions about where you are going, or if you have drugs, guns or large amounts of money in the car, or about your citizenship: Ask if you are free to leave. Five words. Put them in your phone. Put them in your glove compartment. Put them in your wallet. If the officer says yes, then leave.
The fine print: This is not legal advice. Talkleft does not give legal advice. It is an expression of my individual opinion and point of view. Read at your own risk.
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