In this episode, trial lawyer Neil Rockind dives into the controversial federal indictment of James Bryan Comey Jr. in the Eastern District of North Carolina. The charges stem from a May 15, 2025, Instagram post featuring seashells arranged to spell "86 47," which prosecutors allege constitutes a threat against President Donald Trump, the 47th President of the United States.#neilrockind #killercrossexamination #jamescomey #8647 #indictment #trump The Meaning of "86 47": Rockind explains that in restaurant parlance, "86" means to cancel an order or remove an item from the menu. He argues that in a political context, the phrase has long been used to mean "remove" or "cancel" a politician, rather than a call for physical violence. Legal Elements of 18 U.S.C. § 871: Rockind breaks down what the government must prove to secure a conviction for threatening the President: Knowing and Willful: The defendant must have made the statement intentionally. True Threat: The communication must be a serious expression of intent to kill or inflict bodily harm. Subjective Intent: The prosecutor must prove Comey understood the post would be perceived as a threat. Selective Prosecution: Rockind highlights that others, including prominent conservatives, have used "86" in reference to politicians without facing charges, suggesting this is a singular, potentially malicious prosecution targeted at a political adversary. Neil Rockind’s AnalysisRockind predicts the government’s case will "crash and burn." He argues that because "86" has multiple non-violent meanings—including impeachment or removal via the 25th Amendment—the prosecution will fail to prove a "true threat" beyond a reasonable doubt. He anticipates a swift dismissal or acquittal, followed by a likely civil lawsuit for malicious prosecution filed by Comey.About Neil Rockind - Neil Rockind is a trial lawyer. Neil Rockind is often considered a bet the farm/company type of lawyer, taking on cases where the stakes are “all in.” Neil Rockind appears regularly on television and in the news, defends people in serious court cases, is a regular guest on the Law and Crime Network and also discusses popular trials and cases and current events with other top lawyers around the country. Neil Rockind has won just about every award imaginable, has represented athletes, celebrities, musicians, public figures and has obtained acquittals in all varieties of cases. His nickname is "The Rockweiler" and he's known for his cross examination style.Neil Rockind:Https://www.X.com/neilrockindlawHttps://www.instagram.com/rockindlaw https://www.rockindlaw.com/http://www.killercrossexamination.com/*************************************Subscribe to Killer Cross Examination® PodcastAPPLE: https://podcasts.apple.com/us/podcast...SPOTIFY: https://open.spotify.com/show/424RIys...GOOGLE PODCASTS: https://podcasts.google.com/feed/aHR0...AUDIBLE:https://www.audible.com/pd/Podcast/B0...******************************************Fair Use DoctrineThe contents are under fair use. It may contain copyrighted materials whose use has not been specifically authorized by the copyright owner. This, in our view, is fair use pursuant to section 107 of the US Copyright Law. Fair use allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. We retain no rights to that material. To the extent the videos capture images or likenesses, we do not own the rights to those images, likenesses, etc and only use them pursuant to the fair use doctrine.All other rights are reserved.
