Fox’s Jonathan Turley addresses possible issues with new Comey indictment: It “would have a hard time standing up in court” if the basis is a picture of seashells
Turley: “Just showing the picture is going to be a weak case in terms of a threat”
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From the April 28, 2026, edition of Fox News' America Reports
JONATHAN TURLEY (GUEST): Well, I have to say I must be in a parallel universe to be talking of the shell artwork of James Comey. But the fact is that it is relevant only to the extent that he might have denied a fact that proved to be -- his denial proved to be false to federal officials. In the original --
GILLIAN TURNER (ANCHOR): I'm sorry to stop you. You mean like if there was a witness or something on the beach who saw him? Is that what you're kind of alluding to?
TURLEY: Well, if he was questioned and gave false information to federal investigators, that could be the basis of a charge. I think that just showing the picture is going to be a weak case in terms of a threat. What's interesting is that the first indictment that was dismissed involved false statements under 18 U.S.C. 1,001. And that's the most used provision in terms of false statement prosecutions by the Department of Justice. What's interesting about that dismissal is that it was based on the fact that Lindsey Halligan, who was the acting U.S. Attorney, was viewed as not properly in her position. That problem has now been cured by James Hundley, who was appointed essentially by the court. Now it's not clear if they went back and just cured that problem, they're going to reissue part of what they were pursuing under the original indictment. Or whether we're talking at this point of something that is a new charge.
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In my view, it would very likely be viewed as protected speech if it was the basis of a criminal indictment, that alone would have a hard-time standing up in court. I've seen that reported, and we'll have to see how they would stick that landing in indictment. Just showing a picture like that would be a very difficult foundation, a very unstable foundation for prosecution. Because right out of the gate will come a first amendment challenge. That the court, I think, would consider first and foremost.