James Justice

For an administration that has been all too willing to weaponize the Department of Justice, the recent indictment of former FBI Director James Comey marks a new low.

Comey's purported crime came a year ago when he posted a photograph on social media of seashells arranged as "86 47," and writing, "Cool shell formation on my beach walk." The Justice Department alleges that the photo constituted "a threat to take the life of, and to inflict bodily harm upon, the President of the United States." According to the president, 86 is "a mob term for 'kill him.'"

Trouble is, most Americans use the slang term in the same way that Merriam-Webster defines it: to eject or ban a customer (i.e., "86 them"), or "to reject, discontinue, or get rid of [something]." As acting Attorney General Todd Blanche acknowledged, the phrase 86 47 "is used constantly" by Americans who aren't indicted for it. Comey's post may have been in poor taste, but to state the obvious, doesn't equate to a murder hit.

Actual threats of political violence should be taken seriously, as the recent presidential assassination attempt demonstrates. But such extremism must not be used as a pretext for political prosecutions, and this isn't the first one Comey has faced.

Last year, the Justice Department indicted Comey on contrived charges of perjury and obstructing a congressional hearing, which were quickly dismissed. His real crime? As director of the Federal Bureau of Investigation, he had opened an investigation into Russia's interference in the 2016 election, an effort that the president insists never happened.

This new case is part of a troubling pattern. Among other dubious proceedings under this president, the DOJ ordered charges to be withdrawn against former New York City Mayor Eric Adams in what one prosecutor called a "quid pro quo" over immigration policy, prompting multiple resignations. It has pursued a flimsy probe of Federal Reserve Chair Jerome Powell, clearly intended to pressure him to reduce interest rates. It has also taken a keen interest in mortgage fraud, at least when it comes to the president's perceived enemies Lisa Cook, Letitia James, and Adam Schiff.

The message the administration is sending--crossing the president risks criminal charges, while playing ball can get you out of trouble --is a destructive one.