What legal basis was used to track Comey and his wife during their trip, and could that surveillance reshape the case against him?

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The tracking appears to have been justified under an emergency disclosure theory, not a warrant. Comey’s filings say the Secret Service asked Verizon for real-time location data by invoking emergency authority used when agents believe there is an imminent threat to life. But internal messages cited by the defense say some agents did not think anyone’s life was in immediate danger and described the step as “legally questionable” and “a bad idea.” The filings also allege a senior Justice Department official pushed for the phone “ping” anyway, while agents physically followed Comey and his wife as they drove from North Carolina to Virginia. That surveillance could matter to the case, but it is unlikely by itself to determine whether the charge survives. Its biggest impact would be procedural: if a judge finds the tracking was unlawful, Comey could seek suppression of evidence derived from it, and the episode could strengthen his broader claim that the prosecution was unusually aggressive, selective or vindictive. His lawyers are also using it to support requests for dismissal, a Franks hearing over alleged misstatements in warrant papers, and closer scrutiny of the indictment process. Still, the core criminal question remains whether the “86 47” post was a true threat or protected speech. Unless prosecutors rely heavily on evidence that flowed from the tracking, the surveillance dispute is more likely to reshape the case around government conduct and credibility than to resolve…

Comey Seeks Dismissal of '86 47' Threat Case as Trump Requested Secret Service Details

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Comey Seeks Dismissal of '86 47' Threat Case as Trump Requested Secret Service Details

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