Former FBI Director James Comey filed a motion urging a federal judge to dismiss charges brought against him in connection with an Instagram post featuring seashells arranged in a numerical pattern. Comey’s legal team contends that the image, which displayed the numbers “86 47,” represents protected political speech and does not constitute a genuine threat against President Donald Trump.
The defense maintains that the government cannot establish the post meets the legal threshold of a “true threat.” Comey’s attorneys note that the phrase has historical usage meaning “to get rid of” or “eject” and has appeared on thousands of commercially sold items and at numerous protests across the country. The defense further argues that the prosecution amounts to selective enforcement against one of Trump’s most prominent critics, raising First Amendment concerns regarding suppression of core political expression.
The indictment contains two counts alleging that Comey “knowingly and willfully” made a threat to take Trump’s life and cause bodily harm, and transmitted a threat across state lines. However, the charging documents do not present evidence demonstrating Comey’s stated intent to threaten the president. Instead, the charges suggest that a reasonable recipient familiar with the circumstances would interpret the message as a threat. The Secret Service interviewed Comey regarding the post after Trump administration officials claimed he was advocating presidential assassination. Comey subsequently deleted the image and stated he had not initially realized some individuals associated the numbers with violence, adding that he opposes violence generally.
This case represents the second prosecution of Comey in recent months. An earlier Virginia case accusing him of lying to Congress was dismissed in a previous month after a judge determined the prosecutor who brought charges lacked proper authorization for appointment. Acting Attorney General Todd Blanche stated that prosecutors would establish intent through witnesses, documents, and defendant testimony as appropriate. Trump has publicly stated that the seashells reference was unambiguous in meaning assassination.
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