The FBI proved Comey's innocence. The DOJ indicted anyway. | Lawfare

Theory Briefing

• The FBI's own investigation into the seashells case failed to confirm that "86" was mob code for "kill" — the core premise of the prosecution.
• An expert now says the theory underpinning the indictment was contradicted by the evidence the FBI itself gathered.
• The DOJ proceeded with charges against Comey despite the investigative findings pointing away from guilt, raising questions about prosecutorial independence.
• The case turns on whether Comey knew a specific slang meaning — a narrow factual question the government's own inquiry apparently couldn't answer.