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‘No serious dispute’ that Comey’s seashell post could be read as a Trump threat, prosecutors say
Prosecutors say the post could be read as a threat, as Comey seeks dismissal on claims of vindictive prosecution and free-speech violations.
On Tuesday, FBI Director James Comey filed a motion to dismiss his indictment, arguing his 2025 Instagram post of seashells was protected political speech rather than a true threat against President Donald Trump.
Prosecutors argued Tuesday the seashell photo constituted a "threat to kill" the President, citing a text from Comey's wife and noting the shells were located 4 miles from where Comey was staying.
Comey's defense contends the "86 47" formation is political shorthand, with Merriam-Webster defining "86" as "to get rid of" or "eject," asserting the indictment violates the First Amendment.
The motion further alleges selective prosecution, claiming the indictment was based on President Trump's personal antipathy toward Comey rather than law, thereby violating the Fifth Amendment's Due Process Clause.
Additional government filings linked the post to Comey's upcoming novel "FDR Drive," alleging an attempt to generate publicity while noting the timing coincided with assassination attempts against the President.