DOJ defends Comey prosecution, says ‘no serious dispute’ Trump post could be seen as a threat

The Justice Department discouraged a judge from tossing a case against former FBI Director James Comey, saying it should be up to the jury to determine whether posting a photo of seashells arranged to spell “86 47” constituted a “true threat” against President Trump’s life.

“The issue presented is who should answer the ‘true threats’ question. … Comey seeks to take the question away from the jury before the government presents any evidence (or even allegations setting forth its theory of the case,” prosecutors wrote in the filing.

“No authority supports his attempt to shortcircuit these proceedings,” they added.

Comey’s attorneys last month asked a judge to toss the charges, saying it was clear the prosecution — the second brought against the former FBI director — was motivated by politics as the photo alone could not be considered a true threat.

“To justify this prosecution,........

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