What’s Next for James Comey in Secret Service Investigation

The Secret Service may try to force former FBI Director James Comey to answer pointed questions into a social media post he issued depicting an image of “8647,” but a U.S. attorney whom President Donald Trump appointed will determine whether to prosecute Comey over the post.

If Comey refuses to comply with their request for what’s known as a protective intelligence interview, the Secret Service leading the investigation into the Instagram post can apply for a subpoena through an assistant U.S. attorney. It’s that prosecutor who will determine whether the former FBI director is legally required to answer their questions, and the full U.S. attorney in the office ultimately will decide whether to bring charges against him for threatening the president, Secret Service sources tell RealClearPolitics.

As an attorney and former top law enforcement official in the nation, Comey is well aware that he can decline an interview without having an attorney present, so he may refuse to cooperate with Secret Service agents’ questioning until he can hire a lawyer to represent him. On the other hand, Comey could agree to demonstrate how open and transparent he is and immediately cooperate and sit down for an interview.

Top law enforcement and intelligence officials on Thursday said they were investigating Comey’s viral social media post, which many Trump supporters viewed as a threat against the president.

Just hours after Comey, who Trump fired in 2017, took down the post, claiming he was unaware the message has violent connotations, Homeland Security Department Secretary Kristi Noem announced that her agency and the Secret Service are investigating “this threat and will respond appropriately.”

FBI Director Kash Patel and Director of National Intelligence Tulsi Gabbard also weighed in, arguing that the FBI is ready to assist the Secret Service with “all necessary support,” while Gabbard stressed that the administration and the Secret Service are taking the incident “very seriously.” 

“There has to be accountability for this,” she told Fox News host Jesse Watters. “The Department of Homeland Security and Sean Curran, the current Secret Service director—a man who has been willing to lay down his life as the lead of President Trump’s Secret Service detail for years now—he takes this seriously and is leading the investigation into this threat.”

The Secret Service, however, declined to disclose its exact activities. Asked if agents had already try to contact Comey or located him or had plans to do so, agency spokesman Anthony Guglielmi declined to specify.

“The Secret Service vigorously investigates anything that can be taken as a potential threat against our protectees,” he said in an emailed statement. “We are aware of the social media posts by the former FBI director, and we take rhetoric like this very seriously. Beyond that, we do not comment on protective intelligence matters.”

The Secret Service treats social media threats to all presidents as a top priority requiring immediate attention and have likely tried to locate Comey and may try to conduct what’s known as a protective intelligence interview to determine the motivations behind the post and whether anyone else was involved in the decision to release it on Instagram, where Comey first posted it.

Charles Marino, a former Secret Service agent and national security expert, late Thursday predicted that James Comey was “gonna have a very, very, very long night.”

From his experience in the USSS, Marino predicts the Washington field offices for the Secret Service and the FBI have already been activated and either already have or are planning to pay Comey a visit tonight to interview him about the threatening social media post against Trump.

“Look, here’s the deal: They’re sending agents out, and they’re going talk to him, and he’s not going to have a choice,” Marino said. “He’s going to have to talk to them, because this stuff about, well, you know, I found this on the beach. I didn’t know what it meant. None of that makes sense.”

“These threat investigations are immediate,” he said. “There’s no delay in these types of investigations, they are going to seek to speak to him as soon as possible.” Marino also noted Comey can be prosecuted for the threatening social media post under 18 USC 871, which governs threats against presidents.

The Secret Service closes out a high percentage of these investigations into online social media threats after determining that the people are either incapable of formulating an actual attack or don’t have the means to do so, according to two sources in the Secret Service community. But if the Secret Service agents investigating Comey uncover information undermining his explanation that he didn’t know that “86” has a violent connotation or evidence of a conspiracy of any kind, then they can forward their findings and recommendations to the U.S. attorney for prosecution.

Because the probe is focused on a social media post with an impact across jurisdictions throughout the United States, there is more flexibility in determining which U.S. attorney to submit any evidence uncovered. Marino confirmed that Jeanine Pirro, a fiery former Fox News host whom Trump recently appointed to the position of U.S. attorney for Washington, D.C., could be in the mix of potential prosecutors determining whether to charge Comey with a crime for issuing the Instagram post.

It would be the case of a lifetime for Pirro, a former New York judge and district attorney who vigorously and regularly defended Trump on Fox News. But critics would no doubt impugn her obvious bias in favor of the Trump administration should she take on the case.

“Comey is going to have some ‘splainin’ to do,” Marino added. “In this current political climate …This case has to be presented to a United States attorney for acceptance of the case or declination.”

Several celebrities have made threatening remarks or posted about wanting to see Trump die on social media, while only one suffered a notable career setback for doing so. Comedian Kathy Griffin faced backlash in 2017 for circulating a photo of herself holding a bloody severed Trump head. CNN fired Griffin from her long-running gig co-hosting the network’s New Year’s Eve special with Anderson Cooper, and two departments within the Justice Department investigated her for a conspiracy to assassinate the president.

Griffin argued the photo was protected speech but later apologized as the harsh criticism continued among even some fellow left-leaning comedians, including Stephen Colbert.

Also in 2017, Madonna, during a surprise appearance at the anti-Trump Women’s March on Washington, said she “thought an awful lot about blowing up the White House.”

The Secret Service opened an investigation and tried to interview Madonna, but she referred them to an attorney. Ultimately, the Secret Service did not press for a subpoena, according to one Secret Service source familiar with the case.

Madonna at the time said her comment was a metaphor and was taken out of context. But for average Americans, threats to “blow up” a person’s house or a place of business are usually taken very seriously by police. At the very least, it’s commonplace for police to conduct cursory investigations of these types of comments, whether they are made publicly or privately and reported to police.

Late into Thursday night, James Comey’s name was still trending on X.com as a debate raged over whether his tweet amounted to a threat to Trump, and if so, how serious it was. Meanwhile, copycat social media influencers released their own “8647” memes and defended them as free speech. Ed Krassenstein, a left-wing anti-Trump social media creator with more than a million followers, posted four billiard balls lined up to form “8647.” 

Therein lies the rub that makes Comey’s tweet so dangerous, according to Marino.

“Do I personally think that James Comey has an intention to do harm in a physical manner to the president? No, I don’t,” he said. “Do I think that what he just posted has the ability to incite others? Absolutely.”

Others on social media and cable news Thursday night questioned whether Comey was trying to gin up publicity in advance of the release of his new book, “FDR Drive,” a legal thriller, which will be out May 20.

Watters asked Gabbard whether she thought Comey was trying to “goad” the Trump administration into investigating and prosecuting him to make him a legal martyr so he can regain political relevance.

After two assassination attempts against Trump, it doesn’t matter, Gabbard said.

She pointed out that Comey made a career out of prosecuting mobsters, who regular use the term “86” as code for murder and that the phrase had already been circulating among anti-Trump and anti-Elon Musk protesters as calls to assassinate the 47th president.

“This is a guy issuing a hit on President Trump,” she said.

This article was originally published by RealClearPolitics and made available via RealClearWire.

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