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Florida congressional candidate Mark Davis sells “8647” T-shirts and hats on his campaign website — the same numerical shorthand to express discontent over President Donald Trump that is central to the case against a former FBI director.
James Comey was indicted on two felony counts Tuesday, on charges that his Instagram post of seashells arranged as the numbers 8647 constituted a threat on the president. Comey maintains his innocence, but the fact that he could face years in prison for this photo raises the question of whether Davis and other buyers and sellers of 8647 merchandise could also be charged with threatening the president.
“Arrest us all. I dare you,” said Davis, an Air Force veteran who wears his 8647 hat proudly around his predominantly conservative neighborhood. “I am done staying quiet. I’ve got a family, I’ve got kids, and I’m watching this country get dragged through chaos while people are going to sit down and shut up. And I am not doing that, and millions of other people aren’t doing it, either.”
Davis’ is just one of hundreds of 8647 products for sale online, ranging from T-shirts and hats to stickers and mugs, available across major e-commerce platforms such as Amazon and Etsy. While Davis, who is a no-party-affiliated candidate, sells his merch for $29.99, similar listings online range in price and style — including a “classic vintage 80s” version for $17.99.
Amazon and Etsy did not immediately respond to requests for comment.
“I think it’s silly. ‘86’ is a restaurant term,” Davis told NBC News. “Some say it’s threatening ... but it’s a response to years of intimidation and bulls--- from this administration, and I’m just not playing that game.”
And the question of intent is the crux of the argument in such cases. Legal experts told NBC News that the possibility of legal action against buyers and sellers is unlikely because it’s a clear example of protected political speech under the First Amendment and lacks any specific intent to commit violence.
“8647 is not a true threat to the president. ‘86’ means to kick someone out, not kill them,” former federal prosecutor Neama Rahmani said. “It’s possible others get prosecuted, but no judge in the country will find that someone acted intentionally or that they willfully intended to communicate a threat to the president based on 86 alone.”
Rahmani also noted that the indictment against Comey, who has long been a Trump target, could be seen as a personal matter. The Department of Homeland Security previously investigated Comey regarding the post and questioned him by the Secret Service. Separately, Comey was federally indicted last year on suspicion of making false statements to Congress and obstructing congressional proceedings, but those charges were later dismissed.
“I think the case will be dismissed and this will be another embarrassing loss for federal prosecutors,” Rahmani added
https://www.yahoo.com/news/articles/could-8647-hat-t-shirt-090040872.html
James Comey was indicted on two felony counts Tuesday, on charges that his Instagram post of seashells arranged as the numbers 8647 constituted a threat on the president. Comey maintains his innocence, but the fact that he could face years in prison for this photo raises the question of whether Davis and other buyers and sellers of 8647 merchandise could also be charged with threatening the president.
“Arrest us all. I dare you,” said Davis, an Air Force veteran who wears his 8647 hat proudly around his predominantly conservative neighborhood. “I am done staying quiet. I’ve got a family, I’ve got kids, and I’m watching this country get dragged through chaos while people are going to sit down and shut up. And I am not doing that, and millions of other people aren’t doing it, either.”
Davis’ is just one of hundreds of 8647 products for sale online, ranging from T-shirts and hats to stickers and mugs, available across major e-commerce platforms such as Amazon and Etsy. While Davis, who is a no-party-affiliated candidate, sells his merch for $29.99, similar listings online range in price and style — including a “classic vintage 80s” version for $17.99.
Amazon and Etsy did not immediately respond to requests for comment.
“I think it’s silly. ‘86’ is a restaurant term,” Davis told NBC News. “Some say it’s threatening ... but it’s a response to years of intimidation and bulls--- from this administration, and I’m just not playing that game.”
And the question of intent is the crux of the argument in such cases. Legal experts told NBC News that the possibility of legal action against buyers and sellers is unlikely because it’s a clear example of protected political speech under the First Amendment and lacks any specific intent to commit violence.
“8647 is not a true threat to the president. ‘86’ means to kick someone out, not kill them,” former federal prosecutor Neama Rahmani said. “It’s possible others get prosecuted, but no judge in the country will find that someone acted intentionally or that they willfully intended to communicate a threat to the president based on 86 alone.”
Rahmani also noted that the indictment against Comey, who has long been a Trump target, could be seen as a personal matter. The Department of Homeland Security previously investigated Comey regarding the post and questioned him by the Secret Service. Separately, Comey was federally indicted last year on suspicion of making false statements to Congress and obstructing congressional proceedings, but those charges were later dismissed.
“I think the case will be dismissed and this will be another embarrassing loss for federal prosecutors,” Rahmani added
https://www.yahoo.com/news/articles/could-8647-hat-t-shirt-090040872.html
