Free speech group calls foul play at prosecutors using Comey novel in case against him

Key Points:

• PEN America criticized federal prosecutors for using James Comey’s novel as evidence in a case accusing him of threatening to kill Donald Trump, calling it a desperate and constitutionally dubious tactic.
• Prosecutors argue that Comey’s Instagram post featuring seashells arranged as "8647" was a coded threat against Trump, with "86" meaning to get rid of and Trump being the 47th president, and linked this to themes in Comey’s novel FDR Drive.
• Comey denies the charges, stating he opposes violence and took down the post, while his lawyers argue the post is protected speech and the prosecution is politically motivated and vindictive.
• PEN America warned that using creative works like novels to support criminal charges threatens free expression rights and urged caution in such legal strategies.
• The case stems from longstanding tensions between Trump and Comey, related to Comey’s investigation into Russian interference in the 2016 election, which found no conspiracy between Trump’s campaign and Russia.