Sen. Adam Schiff (D-CA) predicted Wednesday that criminal charges against former FBI Director James Comey will be dismissed, arguing the case lacks legal merit and pointing to newly revealed Secret Service surveillance of Comey that agency officials internally questioned.
Speaking with host Jen Psaki on MSNBC’s “The Briefing,” Schiff addressed the prosecution of Comey over sharing a photograph of seashells arranged to spell “86 47” — a reference critics interpreted as calling for removal of the 47th president.
The discussion came after reports emerged that the U.S. Secret Service had been surveilling Comey, with at least one Secret Service supervisor reportedly warning internally that the surveillance was legally questionable.
Secret Service Surveillance Raises Legal Questions
Psaki framed the surveillance revelations as crossing “a new kind of line,” noting that while President Trump’s focus on Comey was well-documented, the Secret Service monitoring represented an escalation. She asked Schiff for his assessment of the surveillance program.
Schiff connected the Comey surveillance to broader concerns about abuse of government authority, referencing earlier discussion about Todd Blanche and suggesting a pattern of mid-level officials raising objections that were overridden.
“Here they in these internal communications are saying mid-level people are saying we should not do this. This is not going to look well when it reaches the sunlight. And they do it anyway,” Schiff said, according to his remarks on the program. “They use these emergency authorities to do it anyway.”
Republican Double Standard on Surveillance, Schiff Argues
The California senator drew a contrast between Republican reactions to different surveillance episodes, pointing to GOP senators on the Judiciary Committee who he said were “irate” and “incensed” when telephone toll records were subpoenaed during the Jack Smith investigation.
“They’re just incensed about that. But, oh, they’re okay with an improper emergency authority used to surveil a former FBI director because he’s on the president’s enemies list,” Schiff said. “That’s okay.”
Schiff argued this represented a double standard, suggesting Republican lawmakers applied different principles depending on whose activities were being monitored.
Case Expected to Collapse, Schiff Says
Looking ahead to the legal proceedings, Schiff expressed confidence the prosecution would not survive judicial scrutiny.
“I think there’s some common threads here. These internal records and just the facial invalidity of the indictment, I think, are going to get this case thrown out like the last bogus case against James Comey was thrown out,” he said.
Schiff’s reference to “the last bogus case” appears to allude to previous legal action against Comey that was ultimately dismissed, though he did not elaborate on the specifics of that earlier matter during the Wednesday interview.
The senator’s prediction that the current case will be “thrown out” suggests he believes the charges lack sufficient legal foundation to proceed, separate from questions about the Secret Service surveillance that preceded the prosecution.
Broader Context of Trump-Comey Tensions
The prosecution of Comey represents the latest chapter in a years-long conflict between Trump and the former FBI director. Comey led the FBI during the early stages of investigations into Russian interference in the 2016 election and possible connections to the Trump campaign before being fired by Trump in 2017.
Trump has repeatedly criticized Comey in public statements and social media posts over the years, and Comey has been a vocal Trump critic in return, including through media appearances and a memoir.
The “86 47” image that forms the basis of the current charges became a focal point after Comey reportedly shared it, with prosecutors arguing it constituted a threat. The numeral “86” is slang for getting rid of something, while “47” refers to Trump as the 47th president.
Schiff’s comments suggest Democrats view the prosecution as politically motivated and legally unsound, particularly in light of the Secret Service surveillance program that preceded it. The senator’s linkage of internal government objections to the surveillance with the weakness of the underlying case indicates he sees the two issues as reinforcing each other in demonstrating overreach.
The case now moves forward through the legal system, where courts will ultimately determine whether Schiff’s prediction of dismissal proves accurate.
Source: www.breitbart.com — https://www.breitbart.com/clips/2026/07/29/schiff-predicts-86-47-case-against-james-comey-will-be-thrown-out/