The US Justice Department filed court documents defending its prosecution of former FBI director James Comey in connection with a social media post made during a vacation last May. Comey posted a photograph on Instagram showing seashells arranged to form the numbers “8647,” which prosecutors allege contained a coded message threatening President Trump. The post generated significant attention from Trump’s allies, who quickly characterized it as threatening language.
The Justice Department’s filing, submitted in response to Comey’s motion to dismiss the case, asserts that “an objective viewer” of the post could interpret it as expressing a desire to harm the president. Prosecutors argue that the number “86” functions as shorthand meaning to eliminate or remove something, while “47” refers to Trump’s position as the 47th president. The department contends the combination constitutes a “coded message” with violent intent.
Comey was indicted in April by a North Carolina grand jury on charges of making a threat against the US president and transmitting that threat across state lines. Comey removed the photograph after the controversy erupted and stated that he did not recognize it could be understood as threatening. His legal team is seeking dismissal, contending the post qualifies as protected speech and does not meet the legal threshold of a “true threat.”
Comey’s attorneys argue that the phrase “86 47” carries no violent meaning when examined through dictionaries, contextual usage, legal precedent, and common understanding. They further contend that no reasonable observer would interpret the post as violent or as a personal threat from Comey against the president. Additionally, the defense has raised claims of “vindictive and selective prosecution,” suggesting the case reflects a years-long effort by Trump to use criminal proceedings against Comey for his prior protected speech.
The case adds to a broader legal history between Trump and Comey. The justice department had previously indicted Comey in a separate matter alleging he lied to Congress, though those charges were dismissed after a judge ruled the prosecutor’s appointment unlawful.
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