Fox News pundit shocked by Comey seashell indictment: 'I must be in a parallel universe'

Fox News legal contributor Jonathan Turley expressed surprise after President Donald Trump's Department of Justice reportedly indicted former FBI Director James Comey on charges related to an Instagram photo.

During a Fox News segment on Tuesday, host John Roberts reported that Comey had been indicted in connection with a photograph of seashells that spelled out "8647," which some have interpreted as a threat to the president's life.

"When Comey initially posted that Instagram photo, his caption insinuated that he did not create this shell art formation in the sand," Roberts told Turley. "Does any of that matter in a legal sense in this case, whether Comey is the originator of that message or whether he just walked by as he claims to have done and photographed it?"

"Well, I have to say, I must be in a parallel universe to be talking about the shell artwork of James Comey," Turley replied. "But the fact is that it is relevant only to the extent that he might have denied a fact that proved to be, his denial proved to be false to federal officials."

"I think that just showing the picture is going to be a weak case in terms of a threat," he continued.

Roberts observed that it was a federal crime to "knowingly and willfully mail or make any threat to kill, kidnap, or inflict bodily harm upon the president, vice president, or their successors."

"In my view, it would very likely be viewed as protected speech if it was the basis of a criminal indictment," Turley explained. "That alone would have a hard time standing up in court."

"But just showing a picture like that would be a very difficult foundation, a very unstable foundation for prosecution, because right out of the gate will come a First Amendment challenge," he added.