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'No Serious Dispute' that Comey's Seashell Post Could Be Read as a Trump Threat, Prosecutors Say

Comey seeks dismissal of indictment, asserting the seashell post is protected political speech and prosecution is vindictive.

  • 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.
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'No serious dispute' that Comey's seashell post could be read as a Trump threat, prosecutors say

The Justice Department is defending its prosecution of former FBI Director James Comey, saying there's "no serious dispute” that a social media post of seashells he made could be understood as a threat against President Donald Trump.

·New York, United States
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American Enterprise Institute broke the news in Washington, United States on Tuesday, August 18, 2026.
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