Obama-era attorney flips script on Comey indictment naysayers with warning not to bury DOJ yet

Legal experts are pushing back on skepticism surrounding the indictment of former FBI Director James Comey, arguing the Department of Justice would not have brought the case without meeting key legal thresholds.

"Lots of folks are saying the case is going nowhere, but, way too early to reach that conclusion," former Democratic U.S. Attorney John Fishwick, who served in Virginia during the Obama administration, said, cautioning against prematurely dismissing the case.

The indictment, brought last month in the Eastern District of North Carolina, alleged Comey, a longtime Trump nemesis, threatened the president and delivered interstate communications containing threats when he posted a photo on Instagram of seashells reading "8647" last year. 

Free speech advocates and leftist critics pushed back against the indictment, accusing the DOJ of infringing on protected speech in the name of prosecuting one of Trump's top political rivals. Comey, whom Trump fired as FBI director in 2017, has been outspoken against the president and profited off sales from his anti-Trump book, while Trump has said Comey is "guilty as hell" on social media and that he should face criminal charges.

BLANCHE TURNS THE TABLES ON COMEY INDICTMENT CRITICS: ‘REST ASSURED’ CASE GOES BEYOND INSTAGRAM POST

"Comey is out for revenge against Trump and has publicly gone after Trump separately from the seashells," Fishwick said, adding that Trump also publicly said he perceived the message as a threat.

Prosecutors must prove Comey’s intent and that the message constituted a "true threat," a high legal bar that has fueled questions about whether the case can succeed, especially in the recent threat environment where Trump has now faced three alleged assassination attempts.

"You prove intent like you always prove intent," acting Attorney General Todd Blanche said on "Meet the Press" this weekend. "You prove intent with witnesses. You prove intent with documents, with materials. ... This is not just about a single Instagram post. This is about a body of evidence that the grand jury collected over the series of about 11 months."

Chad Mizelle, former DOJ chief of staff, told Fox News Digital the legal standard for convicting Comey for threatening the president was high but that the indictment suggested there was underlying evidence.

"I don't think the department would have secured the indictment without concrete evidence that Comey did knowingly and willfully threaten the president of the United States," Mizelle said.

Mizelle noted evidence could take many forms, such as nonpublic text messages or emails.

"What was Comey's intent when he said it?" Mizelle asked. "I suspect DOJ has evidence of that, and I'll wager it's not favorable to Comey."

IN TRYING TO SECURE COMEY INDICTMENT, US PROSECUTORS HAVE SHORT WINDOW — AND A DIFFICULT CASE TO MAKE

The term "86" has been used as slang to get rid of someone or something, often in restaurants for an unavailable item or refused customer. Prosecutors alleged that, paired with "47" — a reference to Donald Trump as the 47th president — Comey’s post amounted to a threat.

Before serving as head of the FBI, Comey was a federal prosecutor and deputy attorney general for the Department of Justice. 

Comey, "more than any American, knows not to make threats and what a threat looks like," Fishwick said.

Sen. Josh Hawley, R-Mo., told Fox News: "This is a very smart guy. He knows what he’s doing. He’s nobody’s fool. … He knew exactly what he was doing, but hey, he’s going to have his day in court."

The DOJ secured the indictment from a grand jury days after a third alleged assassination attempt on Trump at the annual White House Correspondents' Association Dinner, a point Blanche has drilled down on as evidence that prosecuting threats to the president, regardless of who made them, is a top priority. Fishwick said the political violence would be relevant if the case makes it to trial.

"As background to any trial, jurors in North Carolina will be aware of all the political threats in this country and know that something must be done about it," Fishwick said.

George Washington University law professor Jonathan Turley raised First Amendment concerns, saying if the case rested solely on the image of seashells forming "8647," it could face significant legal hurdles, arguing the image "is clearly protected speech" absent additional evidence.

The Foundation for Individual Rights and Expression said "86" could actually mean impeachment and that the charges defied Supreme Court precedent that established the standard for a "true threat."

"The idea that Comey's picture of seashells conveyed a serious intent to harm the president is ridiculous," the group wrote on social media. "The administration should abandon this transparent and unconstitutional attempt to punish a critic."

FBI DEPUTY DIRECTOR DAN BONGINO: JAMES COMEY 'BROUGHT SHAME TO THE FBI AGAIN' WITH '86 47' POST

Comey had quickly deleted the post, saying at the time that he did not realize that he had shared something ominous. After the indictment, he said he was "still innocent."

"I’m still not afraid, and I still believe in the independent federal judiciary, so let’s go," Comey said.

Judicial Watch President Tom Fitton accused "the left media [of] rushing to the defense of James Comey, pretending it's about free speech."

"You don’t have the right to advocate for the killing of the president," Fitton said.

Comey's arraignment is set for May 11 in Greenville. Comey's lawyer did not comment for this story.

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OutKick readers sound off: Five more famous rock band replacements we might have missed

We asked and you delivered!

This past weekend, my good buddy Matt Reigle and I put together a list of six bands who got better or more successful after replacing original members.

Now that there is a dedicated comments section to our articles, we were able to see plenty of our readers sound off on who we missed, so now we are going to go through some of the most discussed omissions, according to you, our dear readers.

Without further ado, let's right some wrongs!

FOREIGNER LEAD SINGER KELLY HANSON SURPRISES FANS WITH NEWS ABOUT BAND'S FUTURE

When Journey formed in San Francisco in 1973, they did so with Gregg Rolie pulling double duty on keyboards and lead vocals.

The band spent the next few years toiling away as a jazz fusion group, but when they finally decided to make a change and bring in a dedicated vocalist to allow Rolie to focus solely on keyboard duties, they had no idea the diminutive Steve Perry (no relation) would be the key to unlocking their success.

Every massive hit Journey has ever produced has been with Perry at the helm, and they certainly owe their Rock and Roll Hall of Fame induction and millions of albums sold to their front man.

NEAL SCHON AND BANDMATE JONATHAN CAIN BATTLE LAWSUITS AND POLITICS AS JOURNEY'S FAREWELL TOUR ROLLS ON

The '80s wouldn't have been the same without the marriage of Steve Perry and Journey, so they deserve a spot on this list.

This one pains me as a Roth-era Van Halen fan, but there is no denying the band found incredible radio success with new frontman Sammy Hagar in the fold.

It could be argued Van Halen was the biggest act in the world by 1985, so it came as a complete shock when they decided to jettison their acrobatic lead singer and go back to the drawing board.

SAMMY HAGAR’S DREAM ABOUT EDDIE VAN HALEN INSPIRED HIM TO WRITE A NEW SONG WITH LATE ROCKER

With hits like "Panama," "Jump" and "Hot for Teacher" catapulting them to superstar status, it was thought that no one would be able to fill the shoes left by Diamond Dave.

Enter Sammy Hagar, the fuzzy-headed solo act behind radio staples like "I Can't Drive 55" and "Your Love Is Driving Me Crazy," and the rest is rock history.

With a slew of radio-friendly hits over the next decade, it's safe to say "Van Hagar" didn't miss a beat with the new guy behind the microphone.

I love both iterations of the band, and while it's hard to argue the band got "better" with Hagar in tow, they were certainly able to at least replicate their success from the '70s and early '80s.

Most of you reading this know Fleetwood Mac thanks to their monster pop efforts from the mid to late '70s like "Rumours" as well as their 1975 self-titled album.

What you may not know is the band started as a blues rock outfit in the late 60s with a man named Peter Green taking lead vocal duties.

FLEETWOOD MAC CO-FOUNDER HOLDS ONTO ‘FANTASY’ THAT STEVIE NICKS AND LINDSEY BUCKINGHAM WILL END FEUD

Green exited in 1970 and the band entered a transitional period before settling on the singer/songwriter duo of Stevie Nicks and Lindsey Buckingham.

Nicks and Buckingham's penchant for brilliant and catchy melodies coupled with their creative and romantic tensions made Fleetwood Mac a musical tour de force, and the band became one of the most successful acts of the 1970s.

You couldn't go five minutes without hearing songs like "Go Your Own Way," "Dreams" or "Don't Stop" while flipping through your radio dial, and the addition of the on-again, off-again lovers is a big reason for that.

The Eagles were already one of the most popular bands in America by 1975, so much so that they had a greatest hits album from that year that would go on to be one of the best-selling records of all time.

How do you improve upon that success?

Well, you go out and get Joe Walsh to replace one of your guitarists and then lay down what is, perhaps, the most iconic rock song in music history.

EAGLES GUITARIST'S PARKINSONISM DIAGNOSIS FORCES HIM INTO RETIREMENT

When tensions started to arise between guitarist and founding member Bernie Leadon and the rest of the group, The Eagles put out a "help wanted" sign and ended up with solo act Joe Walsh.

With Walsh on board, the quintet would release two of their most critically and commercially successful albums in their discography, "Hotel California" and "Long Run."

The title track for the former also contains one of the most recognizable guitar solos of the 20th century, courtesy of Walsh and Don Felder.

Just for that contribution alone, Walsh would have found his way onto this list.

If there was one band who got mentioned more than any other in the comments section of our previous article, it was Pink Floyd.

I caught a lot of flak for not including them (though if you took the time to watch our video, we included them in our honorable mentions, but I digress), so here I am to make amends.

It was a crying shame not including the great David Gilmour in our article of band replacements, because he might be the most notable of them all.

Never has there been a more drastic change in trajectory for a band than when Gilmour stepped in for the mercurial Syd Barrett.

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Under Barrett's lead, the band was a psychedelic outfit that had potential but was a little too eclectic to ever make it to the universal heights they would achieve in their later years.

Gilmour's iconic guitar sound and smooth vocals paired perfectly with the songwriting chops of bassist Roger Waters, and although the two can't stand each other, they made some of the most iconic music in history.

Pink Floyd is arguably one of the most popular and influential rock bands of all time, and they wouldn't hold that distinction if it weren't for the addition of David Gilmour.

I will take my lumps like a man for not including this one on our list. Gilmour is a legend and deserves his place among the pantheon of great rock replacements.

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Hegseth shoots down Iran 'kamikaze dolphins' — leaves US question open

War Secretary Pete Hegseth said Iran does not have so-called "kamikaze dolphins" — dismissing an unusual claim that emerged from recent reporting on Iran’s potential tactics in the Strait of Hormuz.

"I can’t confirm or deny whether we have kamikaze dolphins, but I can confirm they don’t," Hegseth said during a Pentagon briefing Tuesday. 

The question stems from a Wall Street Journal report that said Iranian officials have at least discussed reviving a Cold War-era program involving trained dolphins capable of carrying mines toward enemy ships.

Chairman of the Joint Chiefs of Staff Gen. Dan Caine appeared unfamiliar with the claim, reacting with a laugh when asked about it. 

IRAN HOLDS WORLD ENERGY HOSTAGE WITH 'NIGHTMARE' STRAIT OF HORMUZ SEA MINES, FORMER CENTCOM OFFICIAL WARNS

"I haven't heard the kamikaze dolphin thing. It's like sharks with laser beams, right?" he said, referencing the fictional weapon from the "Austin Powers" films.

U.S. military dolphins have been used in combat before — but not as weapons. During the Iraq War, Navy-trained dolphins were deployed to the Persian Gulf to help clear mines from the port of Umm Qasr, using their natural sonar to locate and mark underwater explosives so divers could neutralize them.

The U.S. Navy has long trained marine mammals for missions such as detecting underwater mines and tracking divers, and Soviet programs during the Cold War experimented with more offensive uses.

Iran reportedly acquired dolphins from a former Soviet program in 2000, though there is no confirmed evidence such capabilities are active today.

Military dolphins are trained to detect and mark threats, not strike them — and unlike guided weapons, they cannot be directed in real time once deployed.

The Strait of Hormuz, one of the world’s most heavily trafficked maritime choke points, would make such a tactic especially difficult to execute, given the volume of commercial and military traffic moving through the narrow passage.

The speculation comes amid heightened tensions in the region, where Iran has historically relied on asymmetric tactics such as naval mines, drones and fast-attack boats to threaten shipping.

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Feds open probe into New York City's anti-Israel teachers

New York City Public Schools are under investigation by the Trump administration over allegations that a group of anti-Israel teachers sought to sow "hatred towards Jewish students" during classroom instruction.

The Education Department's Office for Civil Rights announced its investigation into the nation's largest public school system nearly two weeks ago after receiving reports that teachers were organizing seminars propping up the Palestinian resistance and labeling Zionists as "genocidal white supremacists."

"No child should be taught by his or her teachers to hate their peers. Neither should Jewish children be taught that being Jewish somehow makes them inherently guilty or proponents of hate and violence," Assistant Secretary for Civil Rights Kimberly Richey said in a statement. "Discrimination has no place in our schools, and, unlike the previous Administration, the Trump Administration will not turn a blind eye to antisemitic harassment."

The Education Department's investigation into New York City Public Schools comes as Mayor Zohran Mamdani enters his fifth month in office. Mamdani has been heavily scrutinized for his anti-Israel rhetoric, having accused Prime Minister Benjamin Netanyahu of committing war crimes and saying Palestinians are facing a "genocide" perpetrated by the Jewish state. He also revoked an executive order that blocked New York City officials from boycotting or divesting in Israel and another executive order that expanded the definition of antisemitism.

TRUMP ADMIN WON’T TOLERATE ANTISEMITISM IN SCHOOLS, SAYS LEO TERRELL AS NYC SCHOOLS UNDER MICROSCOPE

Fox News Digital reached out to Mamdani's office.

At the center of the Education Department's investigation is a group of educators known as NYC Educators for Palestine. The group's mission statement centers on the belief that "education should be a tool for liberation not occupation" and that teachers should work "both inside and outside the classroom" to achieve Palestinian justice.

The Education Department noted the group's teaching seminars focused on "Palestinian, Zionism, and Resistance" as a potential Title VI violation of the Civil Rights Act of 1964. During these seminars, which were taught to children as young as 5, the educators focused on the "contemporary and historical Palestinian resistance." Complaints alleged that the seminars depicted Zionists as "genocidal white supremacists" and that it gave credence to support Hamas and its "martyrs."

'ISRAEL-PALESTINE CONFLICT' SECTION OF STUDY GUIDE FOR NEW YORK HIGH SCHOOLERS DRAWS OUTRAGE

NYC Educators for Palestine also organized a "Teach-In for Palestine" set for Martin Luther King Jr. Day. The "teach-in" was advertised for students as young as 6.

Fox News Digital reached out to NYC Educators for Palestine for comment.

A spokesperson for New York City Public Schools denied the group's affiliation with the school district.

JEWISH STUDENTS 'SCARED' AFTER MAMDANI WINS NYC MAYOR RACE, CALLING IT 'HUGE BLOW'

"The group referenced is not connected to New York City Public Schools," a spokesperson said.

But a parent told Fox News that it seemed teachers were "so radicalized and so focused on sending messages like this [anti-Israel] rather than focusing on really crucial skills like literacy and critical thinking."

The Education Department's investigation into New York City Public Schools is just the latest investigation into allegations of antisemitism running rampant in public school districts across the country in the wake of the Gaza war.

Last August, the Trump administration launched an investigation into Baltimore City Public Schools for alleged antisemitic harassment. The investigation is still ongoing.

More than 60 colleges and higher education institutions have been notified by the Trump administration of pending investigations into the schools' failures to properly address antisemitism on campus.

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Cole Allen's defense lawyers fight to remove him from suicide watch

The defense team for Cole Allen, the White House Correspondents’ Association Dinner shooting suspect, has filed a motion asking the judge to take him off suicide watch, arguing it violates his due process rights.

During an emergency motions hearing set for Monday, Allen’s defense team will ask Judge Zia Faruqui to remove him from suicide watch, which keeps him on 24-hour lockdown in a "safe cell," so he can communicate with family and participate in his own defense.

"Such restrictions deprive Mr. Allen from accessing resources like a jail tablet, which would permit him to communicate with loved ones outside of the jail," the defense motion states. "Similarly, because Mr. Allen is not permitted to retain personal items while in the cell, it is counsel’s understanding that he cannot review documents that counsel leave with him, thus hindering his ability to assist in his own defense."

The defense argued in the motion that being kept on the suicide precaution "is unnecessary" and violates Allen's due process rights "by depriving him of dignity" by forcing him to be escorted to the shower, strip searched when leaving or entering his cell, and required to wear a padded vest while in the cell.

UNABOMBER INVESTIGATOR REVEALS LIKELY BREAKING POINT OF ALLEGED WOULD-BE TRUMP ASSASSIN

The hearing may also reveal how the prosecution plans to move forward in the case.

U.S. Attorney Jeanine Pirro told CNN on Sunday that prosecutors would bring the case before a grand jury this week and suggested they’re working toward securing an indictment with additional charges.

COLE ALLEN'S CROSS-COUNTRY TRAIN MUSINGS SHOW 'SCATTERED' MINDSET OF ACCUSED WOULD-BE TRUMP KILLER: EXPERT

Allen, a 31-year-old California computer scientist, is accused of opening fire at the White House Correspondents’ Association Dinner on April 25 after allegedly rushing a Secret Service checkpoint while armed with multiple weapons.

Allen now faces federal charges, including the attempted assassination of the president, with more expected.

Fox News' Jake Gibson and Fox News Digital’s Stepheny Price contributed to this report.

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'Independence One' brings back golden age of air travel for America’s 250th anniversary

Southwest Airlines is marking America’s upcoming 250th anniversary with a new patriotic aircraft and a partnership aimed at boosting volunteer efforts nationwide.

The airline announced the launch of "Independence One," a specially designed plane featuring red, white and blue elements tied to the nation’s founding.

The aircraft includes visual references to American history, including "1776" displayed in script, 13 stars representing the original colonies and the phrase "life, liberty and the pursuit of happiness" from the Declaration of Independence, the airline said in a press release.

RARE, HISTORIC US DOCUMENTS TRAVELING COUNTRY ON 'FREEDOM PLANE' AHEAD OF AMERICA'S 250TH ANNIVERSARY

Independence One joins two other America-themed planes in Southwest’s fleet, including Freedom One, introduced in 2021, and Liberty One, another recently unveiled aircraft.

"With our new 'Independence One' and 'Liberty One' aircraft, we honor this important milestone in our nation’s history," Southwest CEO Bob Jordan said in a statement.

The airline also announced a partnership with America250, the organization leading the nationwide celebration of the country’s semiquincentennial.

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As part of the initiative, Southwest said it will contribute up to $250,000 through a "We Serve Together" grant program, supporting nonprofit organizations connected to employee volunteer efforts.

The funding builds on more than 180,000 hours of volunteer service logged by Southwest employees in 2025, according to the company.

"As America marks its 250th anniversary, Southwest Airlines’ legacy of connecting people and communities reflects the spirit of freedom and opportunity that defines our nation," Rosie Rios, chair of America250, said in a statement.

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The new jet entered service last week, with its first flight departing from the airline's hometown of Dallas and heading to Philadelphia, a city closely tied to the nation’s founding.

The aircraft will continue to fly routes across the country throughout the year as part of the broader America250 celebration.

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The airline, which has operated for more than five decades, said the initiative reflects its long-standing mission of connecting communities across the United States while honoring the country’s history.

Fox News Digital reached out to Southwest Airlines for further comment.

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Meryl Streep had secret 'beef' with Goldie Hawn while filming '90s horror comedy film

Meryl Streep and Goldie Hawn weren't always on the best of terms.

In a new interview with Vanity Fair, the "Devil Wears Prada 2" star, 76, reminisced about the time she starred in the '90s horror film, "Death Became Her," alongside Goldie Hawn and explained why she had a "beef" with the iconic actress.

"Goldie, she was always late to set," Streep said. "And I’m always on time, you know, and annoying."

MERYL STREEP RAVES ABOUT 'DIVINE' ROBERT REDFORD, SAYS ICONIC 'OUT OF AFRICA' SCENE 'FELT SO GOOD'

"But she was so adorable," she added. "She had a red convertible, I remember, and she’d drive herself to set. So that was probably the problem. She’d drive herself to set. She had her hair all… ‘Oh gosh, sorry!’ And everybody thought, ‘Oh, she’s so cute.’ Yeah. So I had a beef with her."

KURT RUSSELL SAYS 'THE MADISON' LOVE STORY 'HIT ME REALLY HARD' BECAUSE OF HIS ROMANCE WITH GOLDIE HAWN

Despite the friction, said Streep, their time together on set was "silly and fabulous."

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"We just laughed," Streep said. "We just had a lot of fun. And she’s the best laughter in America, really. She laughs like, ‘Hahaha!’ And then they have to stop shooting. But that part was fun."

Streep clarified that the two didn't actually have a beef, but were actual "buddies" and have remained close friends ever since.

'LANDMAN' STAR BILLY BOB THORNTON SAYS DEMI MOORE, BRUCE WILLIS ARE ‘LIKE FAMILY’ AS ACTOR BATTLES DEMENTIA

"Over the years, we’ve had some laughs about that movie because people love it. I thought it was like a documentary on Beverly Hills," Streep said.

The film follows Madeline Ashton (Streep) and Helen Sharp (Hawn), who compete over their shared love interest, Dr. Ernest Menville (Bruce Willis).

"Oh, Bruce was divine," she said.

"I guess he was a bad boy on certain sets, and came with a little reputation for being difficult, but we had so much fun with him," she added. "He was such a gent, and so game, and willing to be ridiculous. I just thought he was wonderful."

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