Motions to dismiss charges before a jury has a chance to consider them rarely succeed in federal court, but experts say that the Justice Department’s attempt to prosecute former FBI Director James Comey for allegedly threatening the life of President Donald Trump could be an exception.
The charges arose after Comey posted an image depicting seashells that read “86 47.” The Department of Justice (DOJ) said it was a threat to kill the 47th president of the United States. Comey has denied any violent intent and filed motions to dismiss, arguing that the prosecution was vindictive and that his post was protected by the First Amendment.
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