Definition of ‘86’ at the Heart of Comey Indictment

Definition of ‘86’ at the Heart of Comey Indictment

FactCheck.org nation

Key Points:

  • Former FBI Director James Comey faces a federal indictment for allegedly threatening President Donald Trump by posting a photo of shells arranged to spell "86 47," with the DOJ interpreting "86" as a threat to kill, while the common meaning is to throw out or get rid of something.
  • The indictment charges Comey with threatening the president and transmitting a threat via Instagram, carrying a maximum penalty of 10 years in prison, but legal experts highlight the ambiguity of "86" and doubt the DOJ can prove intent beyond a reasonable doubt.
  • Comey removed the Instagram post the same day but did not apologize, stating he did not intend violence and saw the shells as a political message; Trump and DOJ officials maintain the term "86" is a mob slang for killing.
  • Linguistic experts and dictionaries note that while "86" primarily means to refuse service or get rid of something, its use as a euphemism for killing is rare and recent, complicating the prosecution's case.
  • This is the second criminal case against Comey by the Trump DOJ, with a previous indictment dismissed due to prosecutorial appointment issues; Comey maintains his innocence and confidence in the judiciary amid ongoing legal battles.

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