SCOTUS weighs Temporary Protected Status cases. And, jury indicts James Comey again

Good morning. You're reading the Up First newsletter. Subscribe here to get it delivered to your inbox, and listen to the Up First podcast for all the news you need to start your day. Today's top stories The Department of Justice has secured a two-count indictment against former FBI Director James Comey. The DOJ is accusing him of threatening President Trump in an Instagram photo he posted and then deleted last year. This is the second time Trump's Justice Department has gotten an indictment against Comey. The photo Comey posted showed seashells on a North Carolina beach arranged to read "8647" — 86 being old slang for "get rid of," and "47" seen by some as a reference to Trump, the 47th (and 45th) president. The grand jury has issued a warrant for Comey's arrest, according to court documents. Former Federal Bureau of Investigation Director James Comey leaves the Rayburn House Office Building after testifying on Capitol Hill Dec. 7, 2018, in Washington, D.C. Chip Somodevilla/ hide caption toggle caption Chip Somodevilla/ 🎧 NPR's Carrie Johnson tells Up First that some lawyers she spoke with wonder if this case will ever get to trial. This is because, under Supreme Court precedent, prosecutors must prove that Comey understood the threatening nature of his post. So far, the evidence shows that Comey believed this was political speech protected by the First Amendment. …