James Comey has been indicted on two felony counts for a social media post showing seashells arranged to spell 8647, a number that Cash Patel and Attorney General Todd Blanche say constitutes a threat against the President of the United States.
Dr. John Eastman, senior fellow and founding director of the Center for Constitutional Jurisprudence at the Claremont Institute and former clerk to Justice Clarence Thomas, joins Jenny Beth Martin to walk through the constitutional law that will decide this case.
In this segment, Eastman breaks down:
• The Brandenburg standard for incitement and imminent harm
• The Counterman v. Colorado true-threat doctrine and what it means for Comey's defense
• Why Comey's history of public hostility toward President Trump matters in court
• Why a 14-year-old's TSA joke about a gun is the right legal analogy
• Why Eastman believes this is just the tip of the iceberg in Comey's legal exposure
This is constitutional law in plain English from one of the country's leading scholars. Watch the full episode for Eastman's analysis of the Mullin v. Doe TPS case, his California disbarment, and the broader lawfare campaign against attorneys representing President Trump.
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00:00 — Comey's First Amendment Defense
00:27 — Eastman: The Brandenburg Standard
02:26 — Counterman v. Colorado and the True Threat Test
04:19 — TSA Joke Comparison: Some Things You Don't Joke About
05:17 — The Tip of the Iceberg: Comey's Legal Troubles
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