The United States Department of Justice has moved to defend its criminal prosecution of James Comey, the former director of the Federal Bureau of Investigation, in connection with a social media post he shared on Instagram. The post featured an image of seashells arranged in the numbers “86 47.” Federal prosecutors argue that the arrangement constituted a coded threat directed at United States President Donald Trump.
In court motions filed on Tuesday, prosecutors contended that a reasonable observer viewing Comey’s post would interpret it as a call to violence against the sitting president. The number 86 carries slang meanings including “to throw out” or “to get rid of,” according to dictionary sources, while prosecutors assert that the number 47 referred to Trump’s position as the 47th U.S. president. Comey’s legal team has countered that the slogan “86” has been widely used in popular culture and sold on numerous commercial items for years, appearing regularly at public protests and gatherings.
Comey has stated that he discovered the seashells arranged in this pattern while walking on a beach in North Carolina and that he did not intend the post as a threat. He deleted the content shortly after receiving critical responses and said he was unaware that anyone would interpret the numbers as inciting violence. His attorneys characterize the prosecution as politically motivated retaliation against one of Trump’s prominent critics, particularly given Trump’s well-documented calls for prosecuting his political opponents.
The case involves charges related to threatening the president and transmitting threats across state lines. Prosecutors point to text communications between Comey and his publishing agent discussing the post going viral, suggesting it was part of a marketing strategy for his forthcoming novel titled FDR Drive. Comey’s legal team has challenged the evidence underlying the case, arguing that investigators misled judges and submitted false statements in obtaining search warrants and grand jury materials.
This prosecution follows Comey’s dismissal as FBI director in 2017 by Trump after roughly three and a half years of his ten-year term. Comey had overseen early investigations into potential coordination between Trump’s 2016 campaign and Russian actors, which later became the focus of Special Counsel Robert Mueller’s inquiry.
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