Criminal threats against the president require proof of specific intent to harm, and ambiguous language like '86' (which can mean either 'kill' or 'remove from a list') creates significant legal challenges for prosecutors who must prove their case beyond a reasonable doubt.
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🚨 Trump Lawyer Alina Habba SHUTS DOWN 'The View' — Whoopi STUNNEDAdded:
Alina Haba. Woohoo. Alina Haba going on the view and setting those ladies straight. We're talking about a little fireworks. Good guest to have today.
Here we go.
>> Um, during Hot Topics earlier today, we discussed the most recent federal indictment of former FBI Director James Comey related to an Instagram post of Seashells. Um, an Instagram post that he deleted the very next day and apologized for. Uh, do you think Comey's post uh rises to the level of a criminal threat against the life of the president and supports an indictment?
>> I do. I'll explain why. Um, after Comey's post, and this is where I go back to Saturday's events, the responsibility of certain individuals like us. We all have a very big voice.
He is a former FBI director. He knows what 8647 meant. There's no question about it. He actually went on TV later.
>> What do you think 86 means? to kill the president, to get rid of the president.
That's what it means. By the way, his words, not mine if you look at his late night show.
>> But the diction the dictionary disagrees with you on that.
>> They use they use it in restaurants. Do they mean to kill any?
Let me just tell you what happened after James Comey's post.
>> A gentleman posted that about me.
>> He posted on Twitter 86 Haba and he was also charged. He was charged in Florida and he was held accountable because you cannot do it. Now, this is an FBI director. We have responsibilities. You guys have responsibilities not to call the president certain things or say things that could incite violence. I most certainly think after Saturday, I have a completely new perspective on how important our voices are and how we use them.
>> Can I can I mention one thing that Matt Gates also used that 86 many times and nothing happened to him.
>> Well, I think we look at everything.
I'll be honest with you, absolutely everything is in context. I don't think anybody is immune to it. I don't think we should be sitting here and nobody has condemned Jimmy Kimmel for his comments.
Those were despicable.
>> Uh Joy pointed out earlier and um the president uh also uh posted death to Democrats. Do you think the president should be held responsible for that?
>> When you I I due respect I haven't seen that post. I will tell you what I did.
>> It does exist.
>> Okay. What I can tell you is this. And what and who was the attorney general and the DOJ at that point?
>> Probably Pam Bondi. No, >> here's how I feel about this.
>> Here's directly how I feel about this.
Nobody should be inciting violence.
Period.
>> Including the president.
>> But you have to remember something. The Department of Justice brings real cases.
We are not Jack Smith. We are not Leticia James. We bring real cases against people.
>> No, I know. I was I I actually had the pleasure of serving as a former federal prosecutor uh at the Department of Justice. But let me ask you this. Um, I do believe that uh this is uh a vindictive prosecution against uh Comey directed by the president.
>> Um and so far with with with little success because he's done this many times. Um, as Trump's personal attorney, you actually were sanctioned nearly a million dollars for filing a frivolous civil lawsuit against Comey, against Hillary Clinton and others that a federal judge called political grievances masquerading as legal claims.
So why should anyone believe this pattern of targeting Trump's enemies is about justice and not revenge? If you think that the Russian collusion hoax, if you think that the things that we've now seen evidence of in this Department of Justice aren't real, I just tell you to sit tight because things are coming.
Because what they did was weaponized. I don't want to hear about weaponization because the reason you all know who I am is because of weaponization. I sat through targeting people saying we are going to get Trump and then a Hillary Clinton appointed judge sanctioned me for suing Hillary Clinton. By the way, I'm proud of that. I'm proud of what I did.
>> Let me let me get Alyssa in here. Let me get Alyssa. Let me get No, let me get to correct. I She made that pretty darn clear to them.
>> And what's interesting is how she said the guy was arrested and put in jail for saying something similar about her. And this is this is the former head of the FBI that said that about Donald Trump. I mean, not a good move. Not a good move.
He's out today saying, "Well, he didn't know what A6 meant." and, you know, kind of let the games begin that he's up for this legal challenge. How could he not have known what that meant? He knew what it meant. For goodness sakes, there was intent. And because there was intent, he could face 5 years in jail.
Really? I mean, despite what say CNN thinks, might as well, as I said, hear the other side. Watch >> Ellie. How valid are these charges?
Jake, I think this indictment is deeply flawed. I think it's probably fatally flawed. And here's why. The law that Justice Department prosecutors have chosen to charge here requires an intent to kill or physically injure the president of the United States. And I think if you look at this communication, these seashells, it's just way too ambiguous. What does 86 mean? Yes, there have been instances in pop culture and elsewhere where people have used 86 to mean kill, but there have been plenty of other instances, apparently far more instances, where it simply means to remove or to cross off a list. And that ambiguity is going to be a major problem for prosecutors because I will tell you ambiguity is always the enemy of the prosecutors because you have to prove your case not just by 51% or 75%. You have to prove your case beyond a reasonable doubt. And I don't see any realistic way prosecutors are going to be able to do that here.
>> Well, I think they would beg to differ.
Um, let's go to Todd Blanch, who was being asked that question, the acting head of the DOJ taking over for Pam Bondi Watch.
>> Sir, how will you prove intent when, as the director had acknowledged, Mr. Comey said he did not associate 86 with doing harm and he took it down promptly. Said it was political speech, not an intent to harm the president.
>> Well, it's not it's not this this case was indicted today. This conduct occurred about a year ago, May 15th of last year. There's been a tremendous amount of investigation. And how do you prove intent in any case? You prove intent with witnesses, with documents, um with the defendant himself to the extent to the extent is appropriate. and that's how we'll improve it intent in this case. And so I I think that talking about um what Mr. Comey will or will not do if there's a trial, when there's a trial, it's not it's very premature for me to do that today.
>> Very premature indeed. So again, you got to think about what was the intent. Was it there? I think that we know I think that we know exactly what Comey meant. I mean, what do what do you guys say?
Like, do you think that he meant this or was this just some little joke? I think he knew exactly what he was doing. And I I think he might possibly even pay the price for it. Again, look, it's a high bar. I get it. Um, but it certainly sounds like he was making some kind of threat, and he should have known better.
Again, let's get back to that. He should have known better as head of the FBI.
You can't sit there and tell us, you know, I just didn't get it. Oopsy daisy.
No, this is not an oopsy daisy. Just like Ilan Omar should know better before, you know, inflating her wealth and then deflating it like she did. You can't tell me oopsy daisy. CNN is shocked. Absolutely positively shocked that there is a warrant out for Comey's arrest. I don't know what they think this is. Disney World. Watch. Take a look. We do. I'm looking at this docket, Casey, as the prosecutors are putting different things in there. And there's an arrest warrant that is in the docket for James Comey. Um I was able to see it on through the court's system and it it says that the marshalss are being asked to uh both provide Comey with the indictment and they are issuing an arrest warrant. We don't know what that means, but I will say as far as the docket goes, it's a very different thing than how this played out in the Eastern District of Virginia when Comey was indicted there on the perjury count. a summon was issued instead. So that would be a direct um missive to Comey to say it's time to appear in court to face this charge on said day. That's a bit of a different thing. But Casey, this is a very fluid situation given that we are just getting court documents in um one at a time. I am able to see the warrant request from the Justice Department potentially escalating things in a way that they hadn't um with the Eastern District of Virginia perjury case previously against Comey that was dismissed. Um but I'm going to keep watching here to see how else this plays out.
>> Kaitlyn, >> yeah, I mean she's clearly clearly clearly shocked that they would do that.
Um, but again, I I think that you got to remember that the stakes are quite high right now. They are very very high. And I I I'm not surprised at all that they're issuing a warrant for his arrest. Don't forget what they put the president through. Okay. So, this may be a little bit of okay, you know what?
You're going to get your comeuppance, too. And uh it may be it may be in fact a moment that that needs to happen. I want to go to a press conference that just happened moments ago there in the White House where the president unloaded and I mean he just unloaded on one James Comey understandably so. Again, this is not exactly a guy he likes very much.
Just remember those 51X spooks. Okay, the 51X spooks that told you Biden's laptop, the laptop from hell was nothing but a bunch of Russian propaganda. Well, that's the lie they tried to promote while Comey tried to promote a lie that we can't say in polite circles about Donald Trump and that Trump dossier.
Unbelievable stuff. Okay, here's the president weighing in.
I don't We were talking about how busy you were this morning. James Comey was in court. He self-surrendered. He's now been charged a second time. This time over a social media post with seashells that said 8647. Do you really think that he was endangering your life or threatening your life with that?
>> Well, if anybody knows anything about uh crime, they know 86. You know what 86?
It's a mob term for kill him. You know, you ever see the movies 86, the mobster says to one of his wonderful associates, 86 that means kill him. It's uh I think of it as a mob term. minor. People think of it as something having to do with disappearing. But the mob uses that term to say when they want to kill somebody, they say 86, the son of a gun. I'm trying to keep the language nice and clear. They don't use that term son of a gun. They use another term. But that's a mob term for kill. Yeah.
>> But do you really think your life is in danger? Cuz >> probably I don't know. you know, based on based on what I'm seeing out there.
Yeah. The the people like Comey have created tremendous danger, I think, for politicians and others. He, you know, Comey is a dirty cop. He's a very dirty cop. Uh he cheated on the elections. He tried to help Hillary Clinton, as you know. He dismissed a lot of things that he should have proceeded with, who I wasn't involved, but he should have proceeded with. No, he's a dirty cop.
He's a crooked man. Yeah.
Wow. I will say, so it turns out he did actually self-surrender this morning. He's still going to present to a judge there in North Carolina. But I will say there's more to come here.
And it may not just be Comey because it turns out some other prominent people have been caught uh doing somewhat similar things. and uh actually putting very similar rhetoric online. And again, just to reiterate, under 18 USC code 871, like this is not okay. It is actually very much illegal, illegal to knowingly and willfully tweet something like that out because it is the president's life. And so it takes on a certain kind of graitas if you would being that it is a threat or perceived as a threat against the president of the United States. So we're learning at this moment that this may not have been the only time or you know Comey may not have been the only person perhaps he's the most sort of noted if you would person but there are others that engaged in this as well. I want to go to uh this is Todd Blanch speaking on Gretchen Whitmer. You know Gretch and Whitmer, right? Out of Michigan, the governor who apparently also put this out on social media. They all think they're so cute, huh? They were trying to start I bet you anything they were starting a trend. That's what they hoped.
>> Thank you, sir. Uh Mary Margaret with the Daily Wire. Should we expect more indictments of this sort? For example, in 2020, Gretchen Whitmer did a TV hit with 8645 on her desk in the background.
Is that the kind of thing you would pursue? And then just really quickly, uh, should Comey I know it's hard to hear this reporter. She's like for his role in the Russia collusion investigations.
>> I'm not going to comment on other investigations um involving Mr. Comey.
There's he's he had he was indicted in the East of Virginia that was dismissed on procedural grounds because of the the judge's finding regarding the US attorney. Um, so that case is under appeal. As far as other investigations that are happening, it would not be appropriate or fair for me to comment on that time. As far as other incidents of threats against the president of the United States, those will be investigated.
>> Yeah. So, it it it appears because they're talking about other instances of threats against the United States that Gretchen Whitmer may be also investigated as a result of an 86 post she was making. It does make me think that they were trying to they were actually trying to create some kind of a movement. That might have been the plan.
a social media movement and they thought it was cute and they realized pretty soon thereafter not so cute and it's gonna get you into a heck of a lot of trouble. So, we'll have more on that story coming up on tomorrow's show. It's good to have all of you here. If you haven't subscribed, do me that favor.
Make sure you subscribe. I will be back with you tomorrow live as always. A lot more content coming your way this afternoon and tomorrow morning. Thank you for being here. See you tomorrow.
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