north carolina

ALEXANDRIA, Va. — Former FBI Director James Comey appeared in court on Wednesday, kick-starting a criminal case against him that legal experts say presents significant hurdles for the prosecution and will likely be a challenge for the Justice Department to win.

Comey, who didn’t enter a plea, was indicted in North Carolina on Tuesday on charges of making threats against President Trump related to a photograph he posted on social media last year of seashells arranged in the numbers “86 47.” The Justice Department contends those numbers amounted to a threat against Trump, the 47th president. Comey has said he assumed the numbers reflected a political message, not a call to violence against the Republican president, and removed the post as soon as he saw some people were interpreting it that way.

The indictment is the second against Comey, a longtime adversary of Trump dating back to his time as FBI director, over the past year. The first one, on unrelated false-statement and obstruction charges, was tossed out by a judge last year. Now prosecutors pursuing the threats case face their own challenge of proving that Comey intended to communicate a true threat or at least recklessly discounted the possibility that the statement could be understood as a threat.

The indictment accuses Comey of acting “knowingly and willfully,” but its sparse language offers no support for that assertion. Acting Atty. Gen. Todd Blanche declined to elaborate at a news conference on what evidence of intent the government has. But broad 1st Amendment protections for free speech, Supreme Court precedent and Comey’s public statements indicating that he did not intend to convey a threat will likely impose a tall burden for the government.

“Here, ‘86’ is ambiguous — it doesn’t necessarily threaten violence and the fact that it was the FBI Director posting this openly and notoriously on a public social media site suggests that he didn’t intend to convey a threat of violence,” John Keller, a former senior Justice Department official who led a task force to prosecute violent threats against election workers, wrote in a text message.

The case was charged in the Eastern District of North Carolina, the location of the beach where Comey has said he found the shells. He is set to make his first court appearance Wednesday at the federal courthouse in Alexandria, Va., the state where he lives.

What the law says on threats

The Supreme Court has held that statements are not protected by the 1st Amendment if they meet the legal threshold of a “true threat.”

That requires prosecutors to prove, at a minimum, that a defendant recklessly disregarded the risk that a statement could be perceived as threatening violence. In a 2023 Supreme Court case, the majority held that prosecutors have to show that the “defendant had some subjective understanding of the threatening nature of his statements.”

Meanwhile, the Supreme Court has found that hyperbolic political speech is protected. In a 1969 case, the justices held that a Vietnam War protester did not make a knowing and willful threat against the president when he remarked that “If they ever make me carry a rifle the first man I want to get in my sights is L.B.J,” referring to President Lyndon B. Johnson. The court noted that laughter in the crowd when the protester made the statement, among other things, showed it wasn’t a serious threat of violence.

Regarding the current case, Merriam-Webster, the dictionary used by the Associated Press, says 86 is slang meaning “to throw out,” “to get rid of” or “to refuse service to.” It notes: “Among the most recent senses adopted is a logical extension of the previous ones, with the meaning of ‘to kill.’ We do not enter this sense, due to its relative recency and sparseness of use.”

Comey deleted the post shortly after it was made, writing: “I didn’t realize some folks associate those numbers with violence” and “I oppose violence of any kind so I took the post down.”

What the government will try to prove

John Fishwick, a former U.S. attorney in the Western District of Virginia, said the government will likely try to prove that Comey should have known better as a former FBI director.

“I think they’re going to try to circumstantially say that you were head of the FBI, you knew what these terms meant and you said them out to the whole world as a threat to the president,” Fishwick said, though he noted that such an argument would be challenging in light of Comey’s obvious 1st Amendment defenses.

Comey was voluntarily interviewed by the Secret Service last year, and the fact that he was not charged with making a false statement suggests that prosecutors do not have evidence that he lied to agents, Fishwick said.

Jonathan Turley, a George Washington University law professor, wrote in an opinion piece published Tuesday that “despite being one of Comey’s longest critics, the indictment raises troubling free speech issues. In the end, it must be the Constitution, not Comey, that drives the analysis and this indictment is unlikely to withstand constitutional scrutiny.”

“If it did,” he added, “it would allow the government to criminalize a huge swath of political speech in the United States.”

Tucker, Richer and Kunzelman write for the Associated Press. Kunzelman reported from Alexandria, Va.

Prominent Democratic governors, some considering 2028 presidential bids, gathered Thursday in Los Angeles for a high-dollar fundraiser.

Tickets to attend the event cost up to $100,000, according to an invitation. Closed to the press, it was expected to raise more than $1.5 million for the Democratic Governors Assn., among the largest amount the group has ever raised at a fundraiser in Los Angeles.

Gov. Gavin Newsom introduced fellow Democratic Govs. Andy Beshear of Kentucky, Maura Healey of Massachusetts, Laura Kelly of Kansas, Katie Hobbs of Arizona, Wes Moore of Maryland, Josh Stein of North Carolina, Tim Walz of Minnesota and Gretchen Whitmer of Michigan.

Several attendees, including Newson, Beshear and Whitmore, are widely believed to be eyeing a presidential run in 2028. Walz was then-Vice President Kamala Harris’ running mate in her unsuccessful 2024 bid for the presidency.

Beshear moderated the conversation among the state leaders at the Los Angeles-area home of liquor heiress Ellen Bronfman Hauptman and her husband, former Chicago Fire soccer club owner Andrew Hauptman. Attendees enjoyed cocktails and passed hors d’oeuvres
around the pool before settling in for a conversation in the house that focused on how governors must focus on results more than ideological disputes, and how that ought to be a model for federal elected officials.

About 45 donors attended, including Damon Lindelof, the creator of “Lost,” and Scott Budnick, the executive producer of “The Hangover” movie series. Others who supported the event included director J.J. Abrams and former Walt Disney Studios Chairman Alan Horn.

NASHVILLE, N.C. — Ricky Brinkley has lived in rural North Carolina nearly all of his 65 years, and he likes it “out in the county,” past the street lights and bustle of the small towns that carpet the landscape.

But the former truck driver can feel left out when elections roll around in this battleground state.

“People don’t come out like they should and ask you how you feel about things,” Brinkley said while he manned the counter at his daughter’s beauty supply store down the street from the Nashville courthouse. “You want somebody to vote, but you don’t want to do nothing to get the vote. No, it don’t work that way.”

Brinkley is among the rural Black residents who Democrats have often failed to mobilize as they try to dent Republican advantages here. It’s an urgent demographic puzzle for the party, which is normally strong with Black voters but tends to fall short in rural areas.

Success could help former Gov. Roy Cooper win a hotly contested U.S. Senate race this year and tilt the balance of power in Washington. It could also reshape presidential elections, providing Democrats with a wider path to the White House.

“People want to look at the word ‘rural’ in North Carolina and equate it to the word ‘white,’” said state party chair Anderson Clayton, a 28-year-old who won her job three years ago promising to expand the party beyond cities. “In my vision of a Democratic Party, when you talk about reaching out to rural voters, you are talking about rural Black voters.”

The Rev. James Gailliard, a former state lawmaker who leads a large Black congregation in Rocky Mount, put it even more bluntly.

“You don’t win this state in Durham,” Gailliard said. “You win it in the east.”

It’s about more than Cooper’s Senate bid

North Carolina is known for the university-heavy Research Triangle that includes Durham, Raleigh and Chapel Hill, along with Charlotte’s banking hub. But it also includes large swaths of small towns and rural areas where Democrats have lost ground in recent decades.

That’s not just because of white voters realigning with Republicans. It’s also because Black voters who lean Democratic don’t vote as often as their urban counterparts. Those rural Black voters are concentrated east of the triangle, extending along winding state highways through small towns, flatlands and farmland toward the Atlantic coastline.

Cooper, 68, won two terms as governor and four terms as state attorney general. However, Republicans control the state courts and the legislature, and they’ve redrawn the congressional map to expand their advantage in the U.S. House. Donald Trump carried the state for Republicans all three times he ran for the White House.

A native of rural Nash County, Cooper already in recent months held roundtable sessions with Black farmers, business owners and civic leaders in eastern North Carolina, along with students from North Carolina A&T University, a historically Black school that draws students from across the state. His campaign promises a statewide organizing effort before November.

Gailliard wants a more intentional effort

But Gailliard wants more.

The founding pastor at Word Tabernacle Church, Gailliard was among the Black state lawmakers who lost seats after Republican-led redistricting. He said regaining ground will require neighborhood-level organizing and investment from national Democrats, something he struggled to get from Kamala Harris’ 2024 presidential campaign.

“I couldn’t get any traction,” Gailliard recalled. “I begged them to bring her to Rocky Mount. I said, ‘Listen, Rocky Mount is the gateway to the East. If we crack Rocky Mount, we’ve cracked the East.’ Could not convince them to come. Two weeks later, guess who’s in Rocky Mount? Donald Trump.”

The Harris campaign sent former President Bill Clinton to the area instead.

Gailliard said Cooper needs people like him to get elected.

“Roy is a great friend, and I’m gonna run my butt off to help him in every way, but I’m not banking on his coattails,” Gailliard said. “I’m going to do the opposite. I’m going to grow coattails for him.”

The state party tries to fill gaps

Clayton, the state party chair, said the national party and its donors haven’t prioritized North Carolina early enough in recent cycles.

She said she’s relied mostly on local money to finance 25 full-time staffers, more than three times what the state party had heading into the 2022 midterms.

Bertie County Democratic chairwoman Camille Taylor, whose hometown of Powellsville has fewer than 200 residents, said she’s felt the shift.

She speaks regularly with a field organizer in nearby Greenville, the city closest to the northeastern counties with large proportions of Black residents. But she said it’s especially difficult to persuade rural voters to care about voting beyond the presidency, even though she tells them “these are the races and the people that you’re going to interact with more.”

Democrats have recruited candidates in all 170 legislative districts — two are Democratic-aligned independents — and every U.S. House district. State Supreme Court Justice Anita Earls, a noted civil rights attorney and Black woman, is running statewide for reelection.

Gailliard said he’s identified a few hundred nonprofits, neighborhood associations and other groups that can do issue-orientated work in his district as the election approaches. He wants to match each of them to specific precincts, routing money for them to reach voters and persuade them to vote.

He wants volunteers to get training from Democratic and left-leaning organizations rather than have the outsiders themselves knocking on rural Black voters’ doors.

“We can’t have 21-year-old recent college graduates from Utah knocking doors at $22 an hour in the hood,” Gailliard said. “That just does not work. They’re not a trusted messenger.”

Marginal voting changes add up

About 2 in 10 North Carolina voters in the 2024 and 2020 presidential elections were Black, according to AP VoteCast, as well as in the 2022 Senate election.

Roughly 4 in 10 Black voters in North Carolina’s last presidential election said they live in small towns or rural communities, similar to the share who said they live in the suburbs. Only about one-quarter reported living in urban areas.

Small shifts in persuasion matter, particularly when races are close. In 2008, Barack Obama became the last Democratic presidential candidate to win North Carolina, by a margin of just 14,000 votes out of 4.3 million votes cast.

Voter turnout between the 2020 and 2024 elections declined more in North Carolina counties that have larger Black populations.

Counties where Black voters make up about 30% to 40% of the electorate saw the biggest drop, with turnout falling by more than 3 percentage points. Counties with smaller Black populations saw more modest declines of about 1 percentage point. Overall, turnout remains higher in counties with fewer Black voters.

An old Cooper schoolmate just wants to be asked

Gailliard said Democrats cannot underestimate how much it means for someone to simply get asked for their vote.

“Black and rural voters are not transactional,” he said. “They are relational.”

Back in Nashville at the beauty supply store, Brinkley agreed.

“You get to be a big wheel, and you can forget where you came from,” Brinkley said. “I ain’t gonna say Roy forgot. He’s a hometown guy, so to speak, but I don’t expect to see him out here walking.”

Brinkley made it clear that if he votes, it would be for Cooper and other Democrats — but only if he votes.

“I could. I could. I may vote,” he said. “There’s just so much going on.”

Barrow and Sweedler write for the Associated Press. Sweedler reported from Washington. AP journalist Linley Sanders in Washington contributed to this report.

This week began with Orange Lutheran having played in only four baseball games while others had played in 10 or more. The Lancers were saving their best to come and it certainly showed when they won four consecutive games to capture the National High School Invitational on Saturday in Cary, N.C.

After needing consecutive walk-off hits to win in the quarterfinals and semifinals, Orange Lutheran (7-1) had more nerve-racking moments before knocking off defending champion Venice (Fla.) 7-6. In the bottom of the seventh, Venice put two runners on with two outs before Anthony Tomminelli got a strikeout to secure the win.

Orange Lutheran started fast with a two-run triple by CJ Weinstein in the first inning. Eric Zdunek finished with two hits and two RBIs while Brady Murrietta added two hits. The Lancers have about 24 hours to celebrate because next week they face St. John Bosco in a critical three-game series in the Trinity League.

Harvard-Westlake 10, Arizona Casteel 8: Jake Kim flexed his muscles for the second consecutive game, hitting a home run and double to finish with three RBIs. Ethan Price had a two-run double. Freshman Nate Englander had two hits and three RBIs.

Jacksonville (Fla.) Trinity Christian 5, St. John Bosco 0: The Braves return home from North Carolina with a 9-2 record and set to face Orange Lutheran this week in a three-game Trinity League series. Jack Champlin had two hits in the loss.

Aquinas 4, Gloucester 0: Eli Martinez threw the shutout with seven strikeouts.