Former FBI Director James Comey asked a federal judge Monday to dismiss with prejudice the criminal charges stemming from his “86 47” seashell post, claiming the image constituted protected political speech rather than a “true threat” against President Donald Trump.
Comey’s attorneys filed the motion in the U.S. District Court for the Eastern District of North Carolina. A federal grand jury indicted him in April on one count of threatening the President and one count of transmitting a threat in interstate commerce.
If convicted on both counts, Comey faces a maximum combined sentence of 10 years in prison. A dismissal with prejudice would prevent prosecutors from refiling the charges.
Prosecutors allege Comey knowingly posted threat
As previously reported by The Dallas Express, the charges stem from a May 15, 2025, Instagram post in which Comey shared a photograph of seashells arranged on a North Carolina beach to spell “86 47.”
He captioned the image, “Cool shell formation on my beach walk.”
Trump supporters and administration officials interpreted “86” as a reference to killing or removing someone and “47” as a reference to Trump, the 47th President.
The indictment alleges Comey knowingly and willfully posted an image that a reasonable recipient familiar with the circumstances would interpret as a serious expression of intent to harm Trump.
Prosecutors also allege Comey consciously disregarded a substantial risk that the post would be viewed as threatening violence when he transmitted it through Instagram.
Comey deleted the post the same day after it drew public criticism. He later wrote that he “didn’t realize some folks associate those numbers with violence” and that he opposed violence.
Comey has not entered a plea because his arraignment has not yet occurred. He remains presumed innocent.
Comey claims phrase meant political opposition
In a 42-page memorandum supporting the dismissal motion, Comey’s attorneys argued that “86” ordinarily means “get rid of” or “eject,” while “47” refers to Trump.
“‘86’ simply means ‘get rid of’ or ‘eject’ and has no violent connotation except in the most uncommon usages,” his attorneys wrote.
The defense argued that no reasonable observer would interpret the phrase as a declaration that Comey personally intended to harm Trump. His attorneys claimed that even an interpretation connecting “86 47” to violence would constitute political hyperbole protected by the First Amendment.
Comey’s legal team also accused the Trump administration of singling him out because of his history as a prominent Trump critic. The attorneys cited Supreme Court and federal appellate decisions involving speech they described as more directly threatening.
Trump and DOJ reject Comey’s framing
Trump disputed Comey’s explanation after the original post.
“A child knows what that meant,” Trump told Fox News, according to The Hill. “That meant assassination.”
FBI Director Kash Patel said when the Justice Department announced the indictment that Comey “knew full well the attention and consequences of making such a post.”
“James Comey disgracefully encouraged a threat on President Trump’s life and posted it on Instagram for the world to see,” Patel said in the Justice Department release.
Acting Attorney General Todd Blanche said the alleged threat came as the country had witnessed violent rhetoric followed by attacks against Trump and other elected officials.
“The temperature needs to be turned down, and anyone who dials it up and threatens the life of the President will be held accountable,” Blanche said.
The Justice Department declined to discuss the evidence against Comey in detail following Monday’s dismissal request.
“A grand jury indicted Comey, and he’ll have his day in court like any other defendant,” the department said in a response. “It would be unfair to the prosecution teams and to Comey himself to reveal any further details.”
Court deadlines run through October
U.S. District Judge Louise Wood Flanagan, an appointee of President George W. Bush, gave prosecutors until August 18 to respond to Comey’s motion. His attorneys will have an opportunity to reply in September.
Comey’s arraignment is scheduled for September 30, and his trial is set for October 21 under the court’s schedule. Flanagan will determine whether the charges advance.
