WASHINGTON — Former FBI Director James Comey went before a federal judge Monday seeking to have criminal charges against him thrown out, contending that a social media photo showing seashells arranged on a beach in the pattern “86 47” was an expression of political opinion — not a threat on the life of President Donald Trump.
Comey’s defense attorneys argue prosecutors cannot meet the legal standard of proving the Instagram image constituted a “true threat” against Trump, who is the 47th president and who fired Comey back in 2017. The phrase “86” has long carried the informal meaning of getting rid of something or someone, and defense lawyers point out it has appeared on countless products sold online and has been widely displayed at political protests.
“But the government now singles out Mr. Comey to prosecute one of the President’s most prominent critics for publishing another person’s statement of political opposition over a social media photo of seashells arranged on a beach,” his attorneys wrote in court filings. “That attempt to suppress core political speech contravenes both the statutes at issue and the First Amendment.”
This is actually the second federal case brought against Comey in recent months. An earlier case out of Virginia accused him of lying to Congress, but it was thrown out last November after a judge determined that the prosecutor who filed charges against Comey — and separately against New York Attorney General Letitia James — had been illegally appointed to the position.
The current case is widely seen as part of a broader effort by the Trump administration’s Justice Department to pursue legal action against individuals the president has publicly criticized. Trump has referred to Comey over the years using a variety of harsh terms, including calling him a “corrupt piece of garbage.”
Comey was questioned by the Secret Service last year following the post, after Trump administration officials claimed he was effectively calling for Trump’s assassination. The two-count indictment accuses Comey of “knowingly and willfully” threatening to take the president’s life or cause him bodily harm, and of transmitting a threat across state lines through electronic communication.
Notably, the indictment does not present direct evidence that Comey intended the post as a threat. Instead, it argues that a “reasonable recipient who is familiar with the circumstances would interpret” the message as threatening. Comey himself has stated the opposite — that no threat was intended.
The Justice Department has not publicly detailed what evidence of intent it plans to present. Acting Attorney General Todd Blanche said earlier this year that prosecutors establish intent in cases using “witnesses, with documents, with the defendant himself to the extent it’s appropriate.” Blanche added, “And that’s how we’ll prove intent in this case.” He made those remarks in April, shortly after being elevated to lead the department following Pam Bondi’s firing.
