8647

Of all the Trump insane uses of his weaponized DOJ the most insane reported occurred today. After one frivolous indictment failed on grounds the bumbling prosecutor (Lindsey Halligan) was illegally appointed, the Trump Department of Injustice Regime desperately fished around for another. Alas, the statute of limitations expired on the “Trumped” up charge of lying to Congress, so they had to find something completely different, and more recent.

They came up with this.

When Comey first posted this last May Republicans clutched their pearls, absurdly claiming it was a death threat. Following the Republican histrionics about the post, Comey deleted it the same day stating he “didn’t realize some folks associate those numbers with violence.”

This theory, presumably comically advanced in the indictment (still pending release at this time), rests on the notion that “86” must mean, and can only mean, “kill.” It does not, it does not even generally mean that, particularly as generally used.

As Wikipedia explains, 86 generally means to “get rid” of something. This is more commonly understood to mean “throw out” or remove rather than kill. The term originated in the hospitality industry to refer to an item that is no longer available or to a person no longer welcome in the establishment. Thus, there might be statements like this:

• “We ran out of tequila, 86 the margaritas.”

• “We need to 86 the rowdy drunk at the bar.”

Should be noted that last use does not suggest killing the drunk, simply removing him from the establishment.

The definition for “86” at merriamwebster.com includes not a single definition or example of the term meaning to kill someone. Instead, the term is defined as:

• to refuse to serve (a customer)

• to eject or ban (a customer)

• to remove (an item) from a menu : to no longer offer (an item) to customers

• to reject, discontinue, or get rid of (something)

As for the last one, Merriam Webster provides several real world examples (with attribution) of how it is typically used. Those examples are:

Democratic leaders also eighty-sixed a similar amendment introduced in the House version of the bill …—Dell Cameron

Sadly, … the heartless bottom-liners on the food committee eighty-sixed the black raspberry [ice cream] for good.—Greg Kesich

So after attempting a Zoom interview that had them sounding as garbled as the off-camera adults in a “Peanuts” special, we eighty-sixed the audio on our computers and talked on the phone …—Brian O’Neill

Wikipedia also provides examples of “86” being used in our society.

• In 1996, The Nation wrote, "assume that Hillary [Clinton] personally eighty-sixed seven travel office employees . . .” Nobody believes The Nation was suggesting Hillary Clinton killed the employees, only that she might have caused their removal from office.

• In 2018, a restaurant owner asked then White House press secretary Sarah Huckabee Sanders to leave. The owner later described the request as "I'd 86'd Sanders." Once again, nobody can possibly believe the owner was suggesting she ended the life of Sarah Huckabee Sanders.

• In 2022, MAGA nutcase conspiracy theorist Jack Posobiec tweeted "8646." Of course “46” references President Biden, but apparently neither Trump, the MAGA world, or Trump’s current DOJ regards this as a death threat at the then president. Trump’s DOJ certainly has not charged Posobiec. I suspect Posobiec’s post will be mentioned when Comey files a motion to dismiss based on selective prosecution where Comey would have to show the DOJ did not prosecute similar conduct by others.

I am sure DOJ prosecutors will try to claim that in organized crime parlance “86” can mean to have someone killed. They will likely try to present expert witnesses who would testify to that effect.

However, James Comey is not a mafia boss. Further, the context of his statement was not a secretive statement to hit men, but rather an Instagram post with seashells. Any prosecution would have to convince, to beyond reasonable doubt, a unanimous jury that Comey intended “86” to mean kill and that there is no plausible alternative explanation. That is simply inconceivable. A more frivolous and abusive prosecution cannot be imagined.

Edit And Update

The charging document is now available and it is every bit as absurd as I imagined. It claims that by posting the “8647” seashells on Instagram that Comey did “knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States.”

Comey is charged with violating 18 U.S.C. § 871(a) and 18 U.S.C. § 875(c).

This will be laughed out of court.