In criminal law, determining whether a statement constitutes a threat requires courts to assess both the clarity of the communication and the intent behind it; ambiguous or coded messages may not meet the legal threshold for criminal charges without additional evidence demonstrating specific intent to harm.
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A lot of people saw the Comey headlines and assumed it was open-and-shutAdded:
If you've been waiting to see James Comey in handcuffs, this Cornell [music] law professor explains why his indictment isn't clear-cut.
>> Bill, I cannot possibly let you go without asking about this James Comey indictment, and I ask it because look, people who like me who hate James Comey, we see the headlines and we celebrate, but I know a lot of very legal, brilliant legal people who I reached out to, and almost to a man they told me this thing's about as thin as a supermodel. What's going on with this?
>> Yeah, well, it's him posting, I think it was on Instagram, maybe it was X also, seashells forming 8647, which could be commonly understood to mean kill the 47th president. The question's going to be, a court's going to have to initially rule, is that even a clear enough threat that it falls under the criminal law? And I think that's going to be a toss-up. Maybe the government has other evidence, but just posting that, I think is pretty thin, unless they have something more to show that it was intended as a threat.
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