Time to 86 the 86 Silliness … Including the Comey Indictment

Former FBI Director James Comey has been indicted for threatening the life of President Trump. The heinous act was posting an image on social media that showed seashells on a beach in North Carolina that read “8647”.

The meaning of the message needs some explaining. The “47” is an obvious reference to Trump, the 47^th President of the United States. The meaning of the “86” is less obvious – and may not be familiar to most Americans.

It originated in the restaurant business and meant to get rid of something – basically trash or dump it. It seeped into the larger culture with essentially the same meaning. You could do 86 as project, a plan, old clothes and even a spouse. It was a figure of speech – not to be taken literally.

86 has been applied to politicians for years. Social media has been full of message to 86 Obama, Biden and Trump. Political messaging products – t-shirts, baseball caps, lapel buttons, memes have called for the 86-ing of someone.

Some now suggest that it is a call for violence – and in Trump’s case, assassination. The violence definition is embraced by fringe folks. The types who embrace every conspiracy that comes down the pike.

Until now, no one using 86 as an expression of political opinion has ever been arrested, much less indicted. Given its somewhat common use and its ill-defined meaning, I do not see how anyone could be. I do not even understand how the Department of Justice got a grand jury to indict Comey – although folks say that a prosecutor can get a grand jury to indict a ham sandwich. That is how bad the grand jury system is.

The indictment of Comey is more like a turkey sandwich. Comey did not eve create the seashell message. He just photographed it. After the pushback when he posted it online, Comey apologized and removed the post.

On the other hand, Comey used every means possible – and some illegal – to bring about Trump’s 86. He used the bogus Steele Dossier to get a FISA court to allow him to eaves drop on the Trump campaign. He illegally leaked information when he was FBI director with the intent of forcing the appointment of a special prosecutor – and he was successful. Comey’s actions were instrumental in Trump’s two ridiculous impeachments. His hatred for Trump put the country through a lot of unnecessary turmoil at great expense.

Yes, Comey clearly wanted Trump out of office. But accusing Comey of promoting or inciting assassination is a bridge too far, in my judgment. The earlier case – based on Comey’s more obvious corrupt actions – was much stronger. Unfortunately, that case was dismissed based on the judge’s opinion that the prosecutor had been appointed improperly. It was a technical decision. Not based on the merits of the case.

As a First Amendment extremist, I see nothing in Comey’s posting that is not protected by the Constitutional right of free speech. He is not committing slander … or inciting a riot … or yelling fire in a crowded theater (as the late Supreme Court Justice Oliver Wendell Holmes put it).

It is not hard to fathom why Trump would want this indictment. Yeah, I know he hates Comey and sees this as some form of personal justice. And I do not blame Trump for being more than a little upset. I can understand Trump’s desire to get even. But that does not explain doing something that makes no sense, is most likely to fail and hurts Trump’s image and favorable rating more than Comey’s,

Once again, Trump hands his political enemies more to criticize, He hurts his own credibility – which is already his Achilles Heel. Unless there is something behind the indictment that is not obvious at this point, I will be very surprised if the Comey indictment makes it past the first perfunctory request for a dismissal.

So, there ‘tis.