On Tuesday, former FBI Director James Comey was indicted by the United States for allegedly threatening President Donald Trump, among related charges. [You can read the 3-page indictment itself at the bottom of this post.] Comey turned himself in to law enforcement on Wednesday.
What was the alleged threat? Comey posted the following image on his Instagram account:
What does this image mean? Well, according to Wikipedia, "Eighty-six or 86 is American English slang, generally meaning to 'get rid of' someone or something." According to Merriam-Webster, it means "to refuse to serve (a customer)" or "to eject or ban (a customer)." As for 47, Trump is the 47th president.
According to the United States government, by posting this image, Comey "knowingly and willfully [made] a threat to take the life of, and to inflict bodily harm upon" Trump. Further, the government asserts that the photo is something "a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to" Trump.
In other words, according to the United States government, a man posting a picture online of seashells on the beach in the pattern of "86 47" shows beyond a reasonable doubt that the man seriously intended to harm the President of the United States.
My first instinct is to say that this is insane and ridiculous. But it's not. Instead, it is serious evidence of the ongoing politicization of the US Justice Department and further undercuts both the rule of law and the faith of many Americans that justice is indeed blind.
If you support this indictment, it is likely not because you truly believe this was clear evidence that Comey seriously intends to hurt Trump. Instead, you likely believe it because of blind tribal loyalty to Trump and endorse his idea that Comey deserves to suffer because he has upset or harmed Trump in the past.
For the rest of us, it is one more piece of evidence that the United States government under Donald Trump does not treat people equally under the law. We are not all held to the same standards. If you are close to or support Donald Trump, you can get rich off of insider trading, you can participate in a violent insurrection, you can commit sedition, you can get big government contracts, you can engage in fraudulent schemes, all without serious fear of prosecution or penalty.
But, if you are not close to or do not support Trump, not only will the laws apply to you, you may be hounded or prosecuted simply for exercising your Constitutionally protected rights to speak against the President and government, like what we have seen with the Jimmy Kimmel saga.
It is also illustrative of what some people refer to as "lawfare." Lawfare is the idea that the machinery of the US Justice Department, regulatory agencies, and judiciary are used not to neutrally and blindly enforce the laws of the United States but instead offensively to harm disfavored people.
While I strongly doubt these charges against Comey will lead to a guilty verdict, that is likely not the point. Instead the process is supposed to be the punishment. In other words, the point is to have Comey spend time and money and suffer harm to his peace of mind and reputation by defending himself in court.
Additionally, it is to serve as a warning to others. If you cross the President by doing or saying things he does not like, he may use the levers of power to hurt you or your business interests. This is an exercise in vindictiveness and the government chilling free speech. The President and his enablers hope that the American people, particularly those with reach and influence, will think twice before doing or saying anything to oppose him and will even kneel down and kiss His Majesty's ring.