Chicago – July 27, 2026
Former FBI Director James Comey has asked a federal judge to dismiss criminal charges alleging he threatened President Donald Trump in a 2025 Instagram post featuring seashells arranged to read “86 47.”
Legal Argument: Not a ‘True Threat’
In a motion filed Monday in the Eastern District of North Carolina, Comey’s attorneys argue the post does not meet the legal definition of a “true threat” and is protected political speech under the First Amendment. They contend that “86” commonly means “get rid of” or “eject” without violent connotations, and paired with “47,” a reference to Trump as the 47th president, it expresses political opposition rather than an intent to harm.
Background of the Case
The indictment stems from a May 2025 beach walk in North Carolina, where Comey found seashells spelling the numbers and shared the image online with the caption, “Cool formation on beach walk.” He later deleted the post amid backlash, saying he did not intend a political message. Prosecutors allege the post knowingly threatened Trump’s life and was transmitted in interstate commerce, charges that carry up to 10 years in prison each.
Comey’s team asserts the government is singling out a prominent critic despite widespread use of the “86 47” slogan online. The case is set for trial unless the judge grants the dismissal.
