General Discussion

. . . will not meet its burden of proving the charged crime if the case proceeds to trial. A jury or judge would find reasonable doubt that Comey regarded the term as a death threat.

As an aside, I will again mention that MAGAs and Trump's minions are apparently trying to confuse everyone into believing that the term means the same thing as "deep six" which is more correctly regarded as a threat to kill.

It will be interesting to learn what Comey stated when the Secret Service questioned him after he posted the sea shells photo on his Instagram account.