Comey says seashells post was political speech - not a threat - as he presses to dismiss charges
Comey says the image was political speech protected by the First Amendment and that prosecutors have not shown he intended a true threat.
- On Monday, Former FBI Director James Comey formally asked a federal judge to dismiss his indictment, arguing his Instagram post of seashells spelling "86 47" was protected political speech, not a "true threat" against President Donald Trump.
- Prosecutors claim a "reasonable recipient" would interpret the May 2025 post as a "serious expression of an intent to do harm," leading to the two-count indictment charging Comey with transmitting threats in interstate commerce.
- Defense lawyers argue "86" signifies "get rid of" or "eject" rather than violence, maintaining the post constitutes protected expression under the First Amendment of the Constitution as a well-known political slogan.
- Counsel warned allowing the case to proceed would "permit the government to chill political opposition" through unfounded charges, arguing the prosecution imposes unconstitutional burdens on protected speech.
- This indictment follows a separate case dismissed last year after a judge ruled the prosecutor was unlawfully appointed; Comey faces potential arraignment in late September regarding these new charges.
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70 Articles
Lawyers maintain that the photo James Comey published in which seashells were seen forming the numbers "86 47" does not constitute a threat against Trump
The Columbian
The Seattle TimesComey says seashells post was political speech – not a threat – as he presses to dismiss charges
WASHINGTON — Former FBI Director James Comey urged a judge on Monday to throw out federal charges against him, arguing that a photo of seashells arranged on a beach he posted on social media was not a call to violence against President Donald Trump but protected political speech.
‘Instructive’: A federal judge repeatedly slapped down the Trump administration in an ‘8647’ case, and James Comey’s lawyers noticed
Left: President Donald Trump walks to board Air Force One at Naval Station Norfolk Chambers Field in Norfolk, Va., Sunday, Oct. 5, 2025. (AP Photo/Alex Brandon). Right: Former Director of the Federal Bureau of Investigation James Comey laughs while addressing a gathering at Harvard University’s Institute of Politics’ JFK Jr. Forum in Cambridge, Mass., Monday,...
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Comey Seeks Dismissal of Trump Threat Case, Calls ‘86 47’ Seashell Post Protected Speech
Former FBI Director James Comey argues prosecutors cannot prove that his Instagram image of seashells arranged as “86 47” was intended as a genuine threat ... The post Comey Seeks Dismissal of Trump Threat Case, Calls ‘86 47’ Seashell Post Protected Speech first appeared on [your]NEWS.
James Comey Filed a Motion to 86 his ‘86 47’ Criminal Charges
Former FBI Director James Comey's lawyers argue in part the indictment “targets protected speech at the heart of the First Amendment.” (AP Photo/J. Scott Applewhite)Former FBI Director James Comey asked a judge to dismiss a federal indictment against him Monday, arguing that posting a photo last year of seashells spelling out “86 47” did not constitute a “true threat” against President Donald Trump.In a court filing, Comey’s attorneys argue that…
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