Could James Comey Be Arrested for Threatening the President?

Published on May 17, 2025
Duration: 7:06

This video analyzes 18 U.S. Code Section 871, which prohibits knowingly and willfully threatening the President of the United States. It breaks down the legal requirements for such a threat to be prosecutable, focusing on intent, specificity, and communication. The analysis suggests that while James Comey's social media post was tasteless, its legal ramifications depend on proving intent and the specific meaning of the term used.

Quick Summary

18 U.S. Code Section 871 prohibits knowingly and willfully threatening the President of the United States. For a threat to be prosecutable, it must be made with intent, be specific and direct, and be communicated to someone, not necessarily the President directly. Penalties can include fines and up to 5 years in prison.

Chapters

  1. 00:00Introduction: James Comey's Social Media Post
  2. 01:00Is it a Threat or Humor?
  3. 01:50Analyzing 18 U.S. Code Section 871
  4. 03:52Requirement 1: Knowingly and Willfully
  5. 04:22Requirement 2: Specific and Direct
  6. 04:38Requirement 3: Communicated to Someone
  7. 05:31Penalties for Conviction
  8. 05:42Case Law: US v. Lockert
  9. 06:03Viewer Opinion and Conclusion

Frequently Asked Questions

What federal law prohibits threats against the President of the United States?

The primary federal law addressing threats against the President is 18 U.S. Code Section 871. This statute prohibits anyone from knowingly and willfully threatening to take the life of, kidnap, or inflict bodily harm upon the President, President-elect, Vice President, or their successors.

What are the key elements required to prosecute a threat under 18 U.S. Code § 871?

To prosecute a threat under 18 U.S. Code § 871, prosecutors must prove three elements: the threat was made knowingly and willfully (not accidentally), the threat was specific and direct, and the threat was communicated to someone, whether spoken, written, or posted online.

Does a threat against the President need to reach the President directly to be illegal?

No, according to the Third Circuit's ruling in United States v. Lockert (2000), a threat made under 18 U.S. Code § 871 only needs to be communicated to 'anybody.' It does not actually need to reach the President to be considered a violation of the law.

What are the potential penalties for violating 18 U.S. Code § 871?

A conviction for violating 18 U.S. Code Section 871 can lead to significant penalties, including a fine under this title, imprisonment for not more than 5 years, or both. The exact sentence depends on the specifics of the case and judicial discretion.

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