Van Drew to Newsmax: Courts Will Decide If Comey Case Is Free Speech

Rep. Jeff Van Drew, R-N.J., told Newsmax on Thursday that courts will ultimately determine whether former FBI Director James Comey's actions rise to the level of a criminal threat, calling the situation potentially "dangerous" and unprecedented given Comey's past role.

In an interview with "National Report," Van Drew, who sits on the House Judiciary Committee, weighed in as Comey faces federal charges tied to a 2025 social media post showing seashells arranged to read "86 47," which prosecutors say constituted a threat against President Donald Trump.

The case has triggered a national debate over whether the phrase "86," often slang for removing or discarding something, can be interpreted as a call for violence when directed at the 47th president.

Van Drew said the broader context surrounding Comey is critical in evaluating the case.

"Nothing happens in a vacuum," Van Drew said.

"So when you look at James Comey and his history of working with Igor Danchenko and the Steele dossier, which was funded by the Democratic National Committee and Hillary Clinton, if you look at what he did with FISA and misused it and went after individual people, all of it together, he [has] not really been [on] the straight and narrow."

He added, "He hasn't done the job that an FBI director should do."

Comey has denied any intent to threaten violence and is expected to challenge the charges in court, with legal experts noting that prosecutors may need to prove intent under Supreme Court precedent governing true threats.

Van Drew emphasized that the legal question centers on the boundary between free speech and criminal conduct.

"There's a real issue here ... where does the freedom of speech stop and terroristic threats begin?" he said. "We're going to find out because it's going to be a court case."

The congressman also criticized what he described as increasingly heated political rhetoric nationwide.

"Go in people's districts and see some of what's going on during some of these demonstrations," Van Drew said.

He added that public discourse has deteriorated, citing extreme accusations and inflammatory language directed at elected officials.

"We in leadership, those of us who are in Congress, should be an example," he said. "We should be above that. We should do better than that."

Van Drew said the allegations against Comey are particularly troubling given his former position as head of the FBI.

"It's especially disturbing when you see an FBI director, one of the most powerful people on the face of the earth, misusing that power," he said.

He added that investigators and courts must now determine whether Comey's conduct could have caused harm.

"Now we got to find out if he's misusing it again and really could cause somebody harm or death," Van Drew said.

Ultimately, Van Drew said the decision rests with the judiciary.

"Those are for the judicial minds and the courts and the judges," he said, adding he hopes for "fair and honest objective judges."

Still, he sharply criticized Comey's actions regardless of the legal outcome.

"At the worst, it was a terroristic threat," Van Drew said. "At the best, it was a reckless, reckless abandonment of his authority and former authority and position."

GET TODAY NEWSMAX+:

NEWSMAX is the fastest-growing cable news channel in America with more than 30 million people watching!

Reuters Institute reports NEWSMAX is one of the top news brands in the U.S.

You need to watch NEWSMAX today.

Get it with great shows from Rob Schmitt, Greta Van Susteren, Greg Kelly, Carl Higbie, Rob Finnerty – and many more!

Find the NEWSMAX channel on your cable system – Go Here Now

BEST OFFER:

Sign up for NEWSMAX+ and get NEWSMAX, our streaming channel NEWSMAX2 and our military channel World at War.

Find hundreds of shows, movies and specials.

Even get Jon Voight’s special series and President Trump’s comedy programs and much more!

Watch NEWSMAX+ on your smartphone or home TV app.

Watch NEWSMAX anytime, anywhere!