Elie Honig: Comey Indictment Is ‘Deeply Flawed’

EXCERPT:

HONIG: “I think this indictment is deeply flawed. I think it‘s probably fatally flawed. And here‘s why. The law that Justice Department prosecutors have chosen to charge here requires an intent to kill or physically injure the president of the United States. And I think if you look at this communication, these seashells, it‘s just way too ambiguous. What does ‘86’ mean? Yes, there have been instances in pop culture and elsewhere where people have used ‘86’ to mean kill, but there have been plenty of other instances, apparently far more instances where it simply means to remove or to cross off a list. And that ambiguity is going to be a major problem for prosecutors, because, I will tell you, ambiguity is always the enemy of the prosecutors because you have to prove your case, not just by 51 percent or 75 percent, you have to prove your case beyond a reasonable doubt, and I don’t see any realistic way prosecutors are going to be able to do that here.”