Former F.B.I. Director James B. Comey Seeks Dismissal of Indictment Over Seashell Photo
Former F.B.I. Director James B. Comey petitioned a judge on Monday to dismiss an indictment accusing him of threatening President Trump through a photograph of seashells arranged to spell “86 47.” Comey’s legal team characterized the prosecution as an improper use of criminal law designed to penalize protected free speech. The charges stem from an April filing in North Carolina concerning a deleted Instagram post, which alleged that Comey knowingly and willfully threatened the life and bodily harm of the president.
Legal Defense Disputes Violent Interpretations of Numerical Slang
President Trump has maintained that the term “86” originates from restaurant culture and functions as mafia slang denoting murder—a perspective shared by many of his supporters, while the number “47” signifies the 47th president. In contrast, Comey’s lawyers asserted in the legal filing that this interpretation defies dictionaries, context, precedent, and common sense. The defense maintained that “86” universally signifies “get rid of” or “eject” and carries no violent connotations outside of extremely rare usage.
Administration Background and Arguments Over True Threats Under Federal Law
Monday’s legal submission centers on whether the seashell image constitutes a true threat under federal standards, which a 2023 Supreme Court ruling defines as a serious expression of an intent to commit unlawful violence. The motion also highlights that numerous other entities—including protesters, right-wing activists, and T-shirt vendors—have routinely applied the phrase “86” to political figures without facing criminal charges for physical threats. Additional defense papers expected on Tuesday will argue that the case forms part of a broader pattern of vindictive and selective prosecution by the Trump administration.
Public Demands and Prior Prosecutorial Actions
The prosecution follows public demands by President Trump for the Justice Department to pursue criminal charges against Comey, whom the president holds responsible for past investigations into his 2016 campaign’s potential ties to Russia and related matters. In September, Trump dismissed a U.S. attorney in Virginia after career prosecutors concluded the evidence did not support charges regarding Comey’s 2020 congressional testimony. A handpicked successor, former insurance lawyer Lindsey Halligan, subsequently secured the indictment, which a judge later dismissed upon finding she had been unlawfully appointed. Furthermore, a federal judge ruled last month in a separate Washington case involving demonstrators flying an “8647” flag that no reasonable observer could view the display as a threat to the president’s safety.
