Comey Seeks to Cancel Court Appearance 05/08 06:11

   

   WASHINGTON (AP) -- Former FBI Director James Comey asked Thursday to cancel 
his upcoming court appearance in North Carolina, saying it was unnecessary 
because he had already surrendered in Virginia and faced a judge on charges 
that he threatened President Donald Trump. The Department of Justice is 
supporting the request.

   Comey was charged in a two-count indictment last week with "knowingly and 
willfully" communicating a threat against Trump by posting an Instagram photo 
of seashells in the numerical arrangement of "86 47."

   Prosecutors allege the photo constituted a threat against Trump, the 47th 
president. Comey has said he assumed the seashell arrangement, which he says he 
found on a beach, reflected a political message -- not a call to violence -- 
and that he removed the post once he saw that some people were interpreting it 
as a threat.

   He is currently set to appear Monday in a federal court in Greenville, North 
Carolina, but his lawyers urged a judge on Thursday to cancel that appearance. 
They noted that he had surrendered and appeared last week before a judge in 
Virginia, where he lives, and that the Justice Department has consented to 
their request.

   Responding to the defense filing, the judge in the case said she would 
cancel the court date provided that Comey files a waiver of appearance on or 
before Friday.

   The case is the second brought by the Trump administration Justice 
Department against Comey, a longtime perceived adversary of the Republican 
president. An earlier unrelated prosecution accusing Comey of making a false 
statement to Congress was dismissed by a judge who concluded that the 
prosecutor who filed the case was illegally appointed.

   Legal experts have questioned whether the Justice Department can meet the 
high legal standard of proving that Comey intended his Instagram post to be a 
threat. Acting Attorney General Todd Blanche has said investigators have 
evidence beyond just the post itself. He has not elaborated.

   Merriam-Webster, the dictionary used by The Associated Press, says 86 is 
slang meaning "to throw out," "to get rid of" or "to refuse service to." It 
notes: "Among the most recent senses adopted is a logical extension of the 
previous ones, with the meaning of 'to kill.' We do not enter this sense, due 
to its relative recency and sparseness of use."

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