Former FBI Director James Comey has asked a federal judge to dismiss an indictment alleging he threatened President Donald Trump's life through an Instagram post. The post featured seashells arranged in the numbers '86 47'. According to multiple reports, Comey's lawyers argue that the post was protected political speech and not a true threat against the president.
Key Takeaways
Former FBI Director James Comey has asked a federal judge to dismiss an indictment alleging he threatened President Donald Trump's life through an Instagram post featuring seashells arranged in the numbers '86 47'.
- James Comey seeks dismissal of charges related to an Instagram post featuring seashells.
- Prosecutors allege the post is a threat against President Trump, while Comey argues it was political speech.
- The case is part of broader tensions between Comey and Trump, with allegations of vindictive prosecution.
- Comey's lawyers accuse the Secret Service of illegal surveillance following the Instagram post.
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▼Source Claims Check
High ConsensusAll 8 publishers report consistent facts across 5 key claims.
| Claim | Status | Reason | |
|---|---|---|---|
| Comey's Instagram Post | Broad Agreement | '86 47' seashells post on Instagram | |
| Charges Against Comey | Broad Agreement | 2 charges of threatening to kill the president | |
| Comey's Defense | Broad Agreement | '86 47' is political speech, not a threat | |
| Secret Service Surveillance | Broad Agreement | Secret Service illegally surveilled Comey without warrant | |
| '86 47' Meaning | Broad Agreement | '86' means 'get rid of', no violent connotation |
Comey's Instagram Post
Broad Agreement'86 47' seashells post on Instagram
Charges Against Comey
Broad Agreement2 charges of threatening to kill the president
Comey's Defense
Broad Agreement'86 47' is political speech, not a threat
Secret Service Surveillance
Broad AgreementSecret Service illegally surveilled Comey without warrant
'86 47' Meaning
Broad Agreement'86' means 'get rid of', no violent connotation
This analysis is AI-generated and may not perfectly represent each source's reporting. Always read the original articles for full context.
Comey faces two charges of threatening to kill the president, which stem from a photo he briefly posted to his Instagram account last year. Prosecutors claim that a 'reasonable recipient' would interpret the depiction of the shells as a serious expression of an intent to do harm to President Trump. Comey deleted the image soon after sharing it and stated at the time that he believed the shell formation was communicating a political message.
The case is part of broader tensions between Comey and Trump, with prosecutors claiming the post could be interpreted as a threat. This is not the first time Comey has been indicted during Trump's second term in office. In November 2023, charges related to testimony he gave to Congress were dismissed after it was found that the prosecutor who pursued the case had been improperly appointed.
Comey's lawyers argue that prosecuting him for sharing another person's 'statement of political opposition' is a violation of First Amendment protections on free speech. They claim that the phrase '86 47' does not connote violence and has no violent meaning except in uncommon usages. The defense team cited several other instances where the phrase '86' has been used, including by former Republican Rep. Matt Gaetz of Florida.
In new filings late Tuesday, Comey's legal team accused the government of vindictive and selective prosecution. They argued that the indictment should be dismissed on these grounds and also asked the court to suppress evidence from warrants for Comey's accounts. The filing included a 76-page spreadsheet listing all the insults Trump and Comey have hurled at each other over the last nine years.
Comey's lawyers also accused the U.S. Secret Service of conducting 'illegal electronic surveillance' of Comey at the request of a high-level DOJ official without a warrant shortly after his Instagram post in spring 2025. The filings show discussions between Secret Service staff about 'pinging' Comey's phone to track its location, which some personnel viewed skeptically.
Comey is set to be arraigned on the two charges of threatening to kill the president on Sept. 30 in New Bern, North Carolina. The Justice Department has denied that Comey is being singled out due to his political views.
How this summary was created
This summary synthesizes reporting from 8 independent publishers using AI. All sources are cited and linked below. NewsBalance is a news aggregator and media literacy tool, not a news publisher. AI-generated content may contain errors or inaccuracies — always verify important information with the original sources.