Sarah Krissoff spoke with NBC News about the Trump administration’s second indictment of former FBI Director James Comey, brought by the U.S attorney for the Eastern District of North Carolina. The case centers on a May 2025 Instagram photo of seashells that were arranged to form the numbers “8647,” which the indictment asserts is “a serious expression of an intent to do harm to the President of the United States.”

Sarah thinks that “Comey’s legal team will certainly try to make arguments that the indictment is flawed on its face, and generally, those are challenging arguments to win. The law only requires that an indictment sets out the basic elements of a crime. But given the history here and the absurdity of criminal charges in these circumstances, the judge may work hard to find a way to dismiss the indictment early on.” Krissoff said. She added that under 2024 Supreme Court precedent, federal prosecutors must “show both that there was a true threat and that the defendant intended to make a threat,” adding that they may try to argue that the “knowingly and willfully” language in the indictment is enough for it to stand.

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