Lawyers for former FBI director James Comey filed motions seeking dismissal of charges that he threatened President Donald Trump through an Instagram post depicting seashells arranged as the numbers “86 47,” arguing federal officials engaged in prosecutorial misconduct during their investigation.
The defense filed multiple motions alleging that prosecutors submitted documents containing false statements, withheld exculpatory evidence from judges when seeking warrants, and conducted unlawful surveillance of Comey. According to the filings, investigators found no conclusive evidence linking Comey to violent interpretations of the term “86” but omitted these findings from warrant applications. The defense also contends that investigative materials distorted statements from a cooperating witness and relied on false claims made by Trump loyalist Rudy Giuliani about historical mob usage of the term.
Comey was charged in April after posting a photo of seashells on a North Carolina beach arranged numerically as “86 47.” The Justice Department characterized the post as a threat against Trump, the 47th president. Comey deleted the post shortly after uploading it, stating he was unaware the numbers would be interpreted as a threat. Defense lawyers argue the slogan has long been used colloquially to mean “get rid of” or “eject” and appears on thousands of commercial items and protest signs.
The case represents the second prosecution targeting Comey in recent months. An earlier prosecution in Virginia accusing him of lying to Congress was dismissed in November after a judge ruled the prosecutor had been illegally appointed. Defense filings characterize both prosecutions as instances of vindictive, selective prosecution rooted in the president’s personal animus. The filings claim the Secret Service and Justice Department coordinated closely with Trump regarding Comey’s interview and that he received frequent briefings on the matter via Air Force One.
Comey served as FBI director when Trump took office in 2017, having been appointed by President Barack Obama. Trump fired him in May 2017 as the FBI investigated potential Russia-campaign ties. The Justice Department has not detailed its evidence of intent but stated prosecutors would prove it through witnesses, documents, and defendant testimony.
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