
The main problem with indicting Comey over "86 47" is that it's not self-evidently a threat. "86" has plenty of non-threatening meanings. During Biden years, it was used to mean impeachment. The second problem is that recent Supreme Court precedent means prosecutors need to show Comey had "some subjective understanding of the threatening nature of his statements." When informed of the potential threatening meaning, Comey said he didn't know that and deleted it.

















