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Legal experts warn Comey ‘86 47’ indictment faces First Amendment hurdles

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Legal questions are emerging over whether charges against former FBI Director James Comey would withstand a First Amendment challenge as he is indicted for a social media post allegedly tied to threats against President Donald Trump.

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Comey faced charges Tuesday under 18 U.S.C. § 871, which criminalizes threats against the president, and 18 U.S.C. § 875(c), which covers interstate communications containing threats to harm others. 

George Washington University law professor Jonathan Turley told Fox News Digital just before the indictment was released that, if the case is based solely on the widely circulated image posted by Comey, it could face steep constitutional hurdles.  

«If Comey is charged for the shell picture, it would face a monumental challenge under the First Amendment,» Turley said. «In my view, the image itself is clearly protected speech. Absent some other unknown facts or elements, it would be unlikely to survive a threshold constitutional challenge.»

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Both statutes require prosecutors to prove not only that a statement constituted a «true threat,» but that it was made knowingly and with intent, standards that legal analysts say could prove difficult to meet based on publicly available information. 

The indictment was filed Tuesday in the Eastern District of North Carolina, where Comey allegedly posted the image of seashells forming the numbers «86 47» during a beach walk. 

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Others pushed back on the idea that the case raises significant First Amendment concerns, arguing that threats against a sitting president fall squarely outside protected speech.

«The third assassination attempt against President Trump on Saturday made this crystal clear: The Justice Department must prosecute those who threaten to assassinate the president,» said Mike Davis, founder of the Article III Project. 

«No one has a First Amendment right to do this. No one is above the law, especially not a former director of the FBI who should know better. A jury of James Comey’s peers will decide his fate.»

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That argument comes amid heightened concerns about threats against Trump after a shooting at the White House Correspondents’ Dinner. A suspect has been charged with attempting to assassinate the president.

Prosecutors allege that the post would be interpreted by a «reasonable recipient familiar with the circumstances» as a serious expression of intent to harm the president, signaling they intend to rely heavily on context surrounding the message rather than explicit language alone.

The U.S. attorney for the Eastern District of North Carolina, W. Ellis Boyle, will oversee the case. Boyle was appointed in 2025 and sworn in by his father, a longtime federal judge in the district, after being selected for the role by then-Attorney General Pam Bondi.

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Legal questions are emerging over whether expected charges against former FBI Director James Comey would withstand a First Amendment challenge.  (Pete Marovich/Bloomberg)

The indictment marks the second time Comey has been charged during the second Trump administration. 

In 2025, he was indicted on charges of making false statements to Congress and obstructing a congressional proceeding tied to his testimony in the FBI’s Russia probe. That case was later dismissed after a federal judge ruled the prosecutor in the case had been unlawfully appointed.

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Comey, who served as FBI director from 2013 to 2017, has long been a polarizing figure in U.S. politics, drawing criticism from both parties over his handling of the Clinton email investigation and the FBI’s probe into Russian interference in the 2016 election and potential links between Trump’s campaign and Moscow. 

He was fired by Trump in 2017 amid escalating tensions tied in part to the Russia investigation.

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The expected charges stem from a social media post in which Comey shared an image of seashells arranged to form the numbers «86 47,» which some critics interpreted as a coded threat against Trump. The post drew swift backlash and prompted an investigation.

James Comey standing on a beach wearing casual clothes

James Comey posted a photo on Instagram showing him standing on a beach. (Fox News)

Former FBI Director James Comey seated in courtroom during arraignment

Former FBI Director James Comey appears in a courtroom sketch during his arraignment in Virginia Oct. 8, 2025. (Dana Verkouteren/Unknown)

Comey later said he did not intend the image to be interpreted as a call for violence.

«I posted earlier a picture of some shells I saw today on a beach walk, which I assumed were a political message. I didn’t realize some folks associate those numbers with violence. It never occurred to me but I oppose violence of any kind so I took the post down.»

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His explanation could complicate prosecutors’ efforts to establish intent, a key element required under both statutes.

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Comey’s attorney could not immediately be reached for comment.

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first amendment, fbi, donald trump, james comey, pam bondi, in court

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Beauty school moms caught in accreditation crossfire as Trump administration weighs consequential decision

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The Trump administration is weighing the future of an accreditor overseeing roughly 1,300 beauty and cosmetology schools and more than 120,000 students, in a decision that could test how the president’s push to overhaul higher education accreditation is applied beyond the diversity, equity and inclusion (DEI) battles that have dominated the issue.

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President Donald Trump promised during the 2024 campaign to «fire the radical left accreditors» and called accreditation his «secret weapon» against colleges and universities he argued had been captured by the political left.

But the case now before the U.S. Department of Education (DOE) is different.

Rather than allegations involving DEI requirements, it centers on whether the National Accrediting Commission of Career Arts and Sciences, or NACCAS, has complied with federal requirements and what consequences should follow if it has not.

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Many beauty and cosmetology schools may lose their official accreditations under a review underway at the U.S. Department of Education. (iStock)

That distinction matters to students because recognition by a DOE-approved accreditor is generally necessary for schools to participate in federal student aid programs. NACCAS says it accredits approximately 1,300 institutions serving more than 120,000 students in cosmetology, beauty and related career programs.

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DOE staff identified deficiencies with NACCAS but recommended continuing its federal recognition with restrictions, additional reporting and monitoring while it works to come into compliance.

The National Advisory Committee on Institutional Quality and Integrity, or NACIQI, took a harder line at its July meeting, voting 9-3 to recommend that the department deny NACCAS renewed recognition.

TRUMP ADMIN TIGHTENS VISE ON STUDENT AID FRAUD IN ‘GHOST STUDENT’ CRACKDOWN

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Student Alex Mancuso practices spiral perm technique on mannequin head.

A cosmetology student practices a perm technique on a mannequin head in Reading, Pa. (MediaNews Group via Getty Images, File)

The DOE has not made a final decision.

The Department of Education told Fox News Digital that accreditor recognition is reviewed every five years through a three-step process: DOE staff makes a recommendation; the independent bipartisan NACIQI makes its own recommendation; a senior department official makes the final judgment based on both.

«We will not comment on details as the process is ongoing,» the DOE said.

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For some students, the federal process has raised concerns about a source of funding they say they could not have attended beauty school without.

TRUMP ADMIN URGES RETURNING EDUCATION TO STATES, CITING $3 TRILLION OF TAXES SPENT AND POOR PROFICIENCY SCORES

Student watches instructional video beside mannequin heads for hair-cutting practice.

A student watches an instructional video while sitting with mannequin heads used to practice cutting hair at a cosmetology school in Virginia. (AFP via Getty Images, File)

Aliyah Fernandez, a recent Hollywood Institute cosmetology graduate and mother who now works as an assistant in a salon, said federal aid made her education possible.

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«I could not have afforded beauty school without federal financial aid,» Fernandez told Fox News Digital. «It was because of that that I could attend at all.»

Fernandez said she chose cosmetology in part because she wanted a career that would allow her to earn a living while remaining present in her daughter’s life.

«I knew that if I worked full-time 9 to 5, I wouldn’t barely have any time to see her grow up,» Fernandez said. «I really just wanted to be there for her.

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«I wanted an opportunity to financially support her and be present in her life at the same time,» she added. «I wanted to have both.»

I’M A UNIVERSITY PRESIDENT; TRUMP IS RIGHT TO MAKE COLLEGES DELIVER FOR STUDENTS

Tyneisha Bell applies color to a mannequin head at a beauty academy.

A student works with color application on a mannequin head at the American Barber and Beauty Academy in Reading, Pa. (MediaNews Group via Getty Images, File)

Blythe Fields, an expectant mother who is studying cosmetology while working in salons, said she previously paid for esthetician school herself and spent roughly two years saving her tips to continue her education.

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«I paid out of pocket for esthetician school, and it made me go broke,» Fields told Fox News Digital.

Fields said she now works during the day and attends school at night, describing her schedule as «literally 12-hour days.»

She said federal financial aid allowed her to continue her education and that the flexibility of cosmetology will become even more important when her baby arrives.

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«The first year is so important, and I need to be able to have that flexibility to raise a child,» she said.

Fernandez and Fields both said they helped start a petition asking the DOE not to adopt NACIQI’s recommendation outright. The petition calls instead for a monitored improvement period that would allow NACCAS to address the government’s findings while maintaining recognition.

Fernandez said she understood why federal officials raised concerns about NACCAS but believed denying recognition would go too far.

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Students practice cutting hair on mannequin heads in a classroom at Paul Mitchell School.

Students practice cutting hair on mannequin doll heads at a Paul Mitchell School in Virginia. (AFP via Getty Images, File)

«Having done the research myself, I can completely understand, you know, the side of the board,» Fernandez said. «However, I do not think a full termination of accreditation is reasonable considering how many people rely on this.»

Fields was more pointed when asked what she would tell Trump before his administration makes the final decision.

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«I would ask him who cuts and colors his hair and how did they get there?» Fields said.

The disagreement over NACCAS centers on whether the deficiencies identified during its federal review warrant continued oversight or denial of recognition.

Education Department staff recommended that NACCAS be prohibited from accrediting additional institutions until it demonstrates compliance, complete corrective action within 12 months and submits additional reports to the department.

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NACIQI instead recommended denial.

Zakiya Smith Ellis, a former Obama administration DOE official who serves on the advisory committee, made the motion to deny NACCAS renewed recognition.

Michael Poliakoff seconded the motion, which passed 9-3.

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Makeup artist mixes concealer on a palette during a fashion show.

The Department of Education told Fox News Digital that accreditor recognition is reviewed every five years through a three-step process. (Getty Images for LIM College, File)

Smith Ellis argued during the July meeting that NACCAS had been given opportunities to address compliance problems and questioned whether giving it additional time would be sufficient. She also raised concerns about debt and earnings among students at NACCAS-accredited institutions.

Three committee members voted against denial, including Robert Eitel, who served in the DOE during Trump’s first term.

Eitel argued that NACCAS should be required to correct its deficiencies rather than lose recognition and raised concerns about the potential consequences for the schools and students it oversees.

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The proceeding also creates an unusual contrast with the accreditation practices Trump highlighted in his April executive order.

The order directed the DOE to investigate whether accreditors require schools to engage in unlawful discrimination, including through DEI-related standards. The federal findings at issue in the NACCAS proceeding concern compliance and oversight rather than an allegation that NACCAS imposes DEI requirements.

Department of Education sign

The order directed the DOE to investigate whether accreditors require schools to engage in unlawful discrimination, including through DEI-related standards. (Kevin Carter/Getty Images, File)

Smith Ellis, meanwhile, has publicly defended DEI policies and previously served as a senior DOE official during the Obama administration.

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Fox News Digital asked Smith Ellis why she favored denying recognition rather than the corrective measures recommended by DOE staff and what she would say to students concerned about the potential consequences. Smith Ellis did not respond to Fox News Digital’s request for comment.

Fields told Fox News Digital she believes beauty careers can be overlooked in ways that other skilled trades are not. Asked whether she thought the same fight would be playing out around traditionally male-dominated trades such as plumbing or welding, she said she did not.

«I think it’s because they’re like male fields, like mainly men are involved in,» Fields said. «They don’t think about that. They just think, ‘Oh, they went to hair school. It’s easy.’»

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For Fields, however, the training will give her the career she hopes will allow her to earn a living while raising her child.

The White House, NACCAS, and the Hollywood Institute of Beauty did not respond to Fox News Digital’s requests for comment.

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dept of education, regulation, education, dei, executive policy, donald trump, politics

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Spanish opposition leader calls prime minister a ‘traitor’ over Ceuta migrant crisis

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A Spanish opposition leader branded the country’s socialist prime minister a traitor over his government’s handling of the influx of migrants in a North African enclave.

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Santiago Abascal, leader of the Vox party, spoke during a parliamentary session when he asked if Prime Minister Pedro Sánchez was being blackmailed by Morocco amid the border crisis in Ceuta.

During his remarks, Abascal called Sánchez a «traitor» and «a dog.»

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Vox leader Santiago Abascal and Vox spokesperson in Parliament Pepa Millan attend a plenary session in the Congress of Deputies in Madrid on Wednesday. Abascal holds up letters that spelled «traidor,» or traitor, while describing Spanish Prime Minister Pedro Sánchez. (Europa Press via Getty Images)

Sánchez responded in a heated back-and-forth, saying, «I may be a dog, but I have no master.»

Abascal then held up sheets of paper one by one that spelled out «Traidor,» Spanish for «Traitor.» Sánchez then sat down.

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Spain has seen major protests in response to the migrant arrivals in Ceuta, with critics blaming Sánchez for the crisis and some accusing him of pandering to Morocco.

LOCALS TORCH MIGRANT SHELTERS AS SPAIN’S PM POINTS BLAME BEYOND THE BORDER

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Sánchez hit back at Abascal, saying, «I may be a dog, but I have no master.» (Patrick van Katwijk/Getty Images)

More than 70,000 migrants poured into Ceuta in July. Most of them have returned to Morocco, but many remain in the enclave, with some living in tent encampments on the beach.

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Meanwhile, Spain’s national intelligence agency issued multiple warnings before the mass crossing of migrants from Morocco into Ceuta in late July, according to declassified documents released by the government on Wednesday, The Associated Press reported.

On July 29, a day before people began crossing into Ceuta, the National Intelligence Center (CNI) sent an alert via WhatsApp to the Spanish government’s delegation in Ceuta about calls on social media «for an assault on the fence and by sea tomorrow at 8 p.m.»

«There are two different groups with a total of 180,000 followers,» the declassified WhatsApp message said, «just to give you an idea of its scale.»

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The Associated Press contributed to this report.



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El último adiós al rey de Noruega Harald V: entre la emoción y el comienzo de un nuevo reinado

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Noruega dio este miércoles el último adiós al rey Harald V, fallecido el 28 de agosto a los 89 años, y dio la bienvenida al nuevo monarca Haakon VIII, en una ceremonia fúnebre a la que asistieron las principales monarquías europeas y decenas de miles de personas.

Entre los asistentes se destacaron la reina Máxima de Países Bajos -la argentina Máxima Zorreguieta- y su esposo, el rey Guillermo.

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Los más madrugadores se apostaban a partir de las 06:00 hora local a lo largo del recorrido de algo más de un kilómetro, protegido por unos 1900 militares y decorado con banderas de Noruega a media asta, que hizo el féretro desde el Palacio Real hasta la Catedral de Oslo.

Realeza europea y extranjera

En la procesión fúnebre marcharon detrás del féretro el rey Haakon VIII; la princesa heredera Ingrid Alexandra; su hermano, el príncipe Sverre Magnus; y la princesa Marta Luisa, hermana mayor del nuevo monarca. En tanto, la reina Mette-Marit, convaleciente todavía por su reciente trasplante de pulmón, y la viuda de Harald, la reina Sonia, cubrieron el recorrido en coche.

También participaron en el cortejo los miembros de otras casas reales europeas y extranjeras. Además de Máxima y Guillermo, estaban Felipe VI -uno de los padrinos de la princesa heredera noruega- y Letizia de España, y varios jefes de Estado y de Gobierno, entre ellos el presidente ucraniano, Volodimir Zelenski.

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La princesa Charlene y ekl príncipe Alberto II de Monaco en el funeral del rey Harald, en Oslo (Foto: REUTERS/Dylan Martinez)

Según la Policía, hasta 53.000 personas se habían congregado a lo largo del recorrido en esta jornada, que comenzó soleada, para ver el paso del cortejo fúnebre, mientras que en el centro de la ciudad había unas 181.000 y en la zona periférica, 224.000.

Discursos, oraciones y flores para Harald

Durante el funeral en la catedral, que acogió a 850 invitados, el presidente del Parlamento, Masud Gharahkhani, y el primer ministro, Jonas Gahr Støre, pronunciaron discursos en memoria del fallecido rey, mientras que la princesa heredera de Suecia, Victoria, ahijada de Harald, leyó una oración de San Francisco de Asís.

Entre las coronas de flores destacaba la palabra “gracias” dedicada a Harald por el rey Haakon VIII, Mete-Marit, sus dos hijos en común y Marius Borg Høiby, el hijo de soltera de la reina, que se halla en arresto domiciliario mientras se resuelve un recurso a su condena a cuatro años de prisión por dos violaciones y otros delitos.

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Durante la ceremonia el rey tenía los ojos vidriosos y la princesa heredera tuvo que secarse las lágrimas con un pañuelo, mientras que la reina Sonia se levantó y depositó una rosa roja sobre el féretro de su difunto marido, se llevó la mano al corazón, retrocedió unos pasos y se inclinó ante el que fue su gran amor durante casi 70 años.

Tras el funeral, el féretro de Harald fue trasladado al castillo de Akershus en una procesión en la que Haakon VIII estuvo acompañado por el rey de Suecia, Carlos XVI Gustavo, y el de Dinamarca, Federico X.

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En el Mausoleo Real de esta fortaleza del siglo XIV, el difunto monarca recibió sepultura en una ceremonia privada en la que participaron autoridades noruegas y extranjeras, así como representantes de monarquías.

La reina Sonia en el balcón del Palacio Real de Oslo (Foto: REUTERS/Dylan Martinez)
La reina Sonia en el balcón del Palacio Real de Oslo (Foto: REUTERS/Dylan Martinez)

Fin del luto e inicio simbólico del nuevo reinado

El silencio y la emoción marcaron durante todo el día las calles de Oslo, donde al final de la tarde miles de personas acudieron al Palacio Real para saludar al nuevo rey.

A las 16:50 hora local los nuevos reyes, la reina Sonia, la princesa heredera y su hermano salieron al balcón para saludar a la multitud congregada en la explanada frente al palacio que una media hora antes, cuando fueron retiradas las vallas de seguridad, corría hacia el edificio para asegurarse un buen sitio.

La familia real, visiblemente conmovida, fue recibida por aplausos y vítores tras una larga jornada en la que Noruega transitó entre dos emociones: la tristeza por despedir a un rey muy querido y la expectación ante el comienzo de un nuevo reinado.

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(Con información de EFE)

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