New Comey revelations throw major wrench in Trump pick’s testimony: ex-DOJ prosecutor

CNN legal analyst Elie Honig said that he was shocked by some of the documents revealed in a filing this week from former FBI Director James Comey.

Speaking to host Sara Sidner on Thursday, Honig said the fact that the Department of Justice recruited help from a notorious mobster was shocking.

Comey is accused of issuing a violent threat to kill President Donald Trump when he posted a photo of seashells spelling out "86-47." Comey said that those who worked in food service or restaurants know the term "86" to cancel an order or clear a table. He also made it clear that it was not a threat, much less a violent one.

On Wednesday, it was reported that Secret Service agents exchanged emails revealing that the president was directly involved in the case and was asking for updates for an upcoming press conference.

"The first thing that I think is notable about the reporting is that Donald Trump was directly involved in this, getting real-time updates, getting FBI interview notes on the spot," said Honig, a former federal prosecutor. "... So much for [Todd] Blanche’s claim that we’re completely separate from the president."

Information from the prosecutors at the Justice Department "show how desperately prosecutors are trying to make 86 mean murder and only murder, and they’re failing. First thing they did is they ran that term through the FBI’s Sentinel database, which is essentially everything the FBI has. Came up empty. Then they pulled files from an old mob case that Jim Comey had tried 30-some years ago, came up empty again," Honig said.

Their next option was to get a mobster named Sammy "The Bull" Gravano to say that when he was active 36 years ago, he agreed that "86" was a mob term.

Honig said it was funny because he was working on a case and once spoke to Gravano on the phone.

"We were thinking about calling him as a trial witness for about three minutes, and I said, absolutely not," recalled Honig. "This guy has zero credibility. That’s their star witness now! And if your basis for your case against Jim Comey is Sammy Gravano from 1990 thinks it could mean that, you’re going to lose. I promise you."

Host Sara Sidner said it was remarkable to see how much time and effort was spent to find one mention of "86" meaning to kill someone. She noted anyone who looks up the definition can see it clearly that it means exactly what Comey said it did.

To put it in context, the Supreme Court issued a ruling in 1969 where a man protesting the Vietnam War said, "If they put a rifle in my hands, the first person I want in my sights is L.B.J." In that case, the high court said it wasn't a criminal threat, Honig recalled.