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The high bar Trump's case on Comey has to cross: a true threat is "a serious expression that the speaker means to convey an intent to commit an act of

of unlawful violence."
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MoveAlong · 70-79, M
In 1969 a young man named Watts who was facing the draft stated at a rally "If I am forced to carry a rifle the first man I want to get in my sights is LBJ".

He was arrested and the case ended up in the Supreme Court. The Justices ruled that the protesters statement was protected speech, political hyperbole and not a true threat.

I don't see how Comey's actions are not protected under the same ruling.