Because there were literally hundreds of thousands of times that various people said we need to "get rid of" Biden, or words to that effect, and they weren't prosecuted for saying it. Because everyone knew they couldn't be. It's a very easy case that never even gets to trial.
And BTW, why wouldn't you use such a phrase?
Because I think it is performative and stupid. I don't talk like that.
Wouldn't it be because it has a reckless double meaning?
No.
There is a basic legal presumption that if something has both an innocent and malevolent interpretation, you presume the innocent interpretation. That general rule is strongest in the context of First Amendment rights.
There is very well-developed case law about when speech crosses the line between being permitted, including how likely it is to imminently incite someone to violence. Burning or hanging somebody in effigy is even considered protected expressive First Amendment speech. If that is protected, then certainly something far less violent and more ambiguous like Comey's statement is as well.
This isn't even a close legal case. It will be thrown out and never even get to trial, which just hands the Democrats. Another unearned propaganda victory.
“There is a basic legal presumption....”
And there many exceptions in the law that go beyond what is basic.
In my youth, defendants could deny alleged wrongdoing without getting sued for millions.