PEN America, a prominent free speech organization, has criticized federal prosecutors for referencing a novel by former FBI director James Comey in their case against him. The prosecutors allege that Comey made threats against former President Donald Trump, using passages from his thriller 'FDR Drive' to support their claims. Mara Gassmann, legal director of PEN America, described this tactic as a 'desperate Hail Mary' in a statement released on Friday.
The prosecution argues that Comey sent coded messages suggesting harm to Trump through a social media post featuring a photo of seashells arranged to read '8647', which they interpret as a threat. Comey, who has denied the allegations, stated that he opposes violence and removed the post. His lawyers contend that the case is an example of 'vindictive and selective prosecution' and argue that the post constitutes protected speech.
The legal documents filed by prosecutors maintain that there is 'no serious dispute' that the post could be interpreted as a threat. They also suggest that Comey may have a financial motive for stirring controversy related to his novel, which has sold 6,471 copies according to Circana BookScan. PEN America has expressed concerns about the implications of using creative works in criminal prosecutions, emphasizing the need to protect free expression rights.