In a surprising turn of events, Comey turned himself in to federal authorities following an indictment by the Trump administration. The charges relate to a social media post that allegedly threatened the president. This legal battle officially commenced in a Virginia federal court on Wednesday, where experts anticipate the prosecution will face substantial challenges, making it a tough case for the Justice Department to secure a conviction.

The indictment, issued in North Carolina, centers on a post Comey shared last year, featuring seashells arranged in the pattern “86 47.” Authorities claim these numbers represent a veiled threat against President Trump, who is the 47th president. However, Comey has maintained that his intention was purely political and not a call to violence, emphasizing that he promptly deleted the post once it became clear that it was being misinterpreted.

This is not the first time Comey has found himself in legal hot water with the Trump administration. The latest indictment marks the second within a year for Comey, highlighting the enduring tension between the former FBI director and the president that dates back to Comey’s tenure with the agency.

The Justice Department alleges those numbers amounted to a threat against Trump, the 47th president. Comey has said he assumed the numbers reflected a political message, not a call to violence against the Republican president, and removed the post as soon as he saw some people were interpreting it that way.

The indictment is the second against Comey, a longtime adversary of Trump dating back to his time as FBI director, over the past year. 

The first one, on unrelated false-statement and obstruction charges, was tossed out by a judge last year. 

Now prosecutors pursuing the threats case face their own challenge of proving that Comey intended to communicate a true threat or at least recklessly discounted the possibility that the statement could be understood as a threat.

The indictment accuses Comey of acting “knowingly and willfully,” but its sparse language offers no support for that assertion. 

Acting Attorney General Todd Blanche declined to elaborate at a news conference on what evidence of intent the government has. But broad First Amendment protections for free speech, Supreme Court precedent and Comey’s public statements indicating that he did not intend to convey a threat will likely impose a tall burden for the government.