The federal prosecutor overseeing the Justice Department’s criminal case against former FBI Director James Comey has resigned, as indicated in a recent court filing. This filing, presented by the U.S. attorney for the Eastern District of North Carolina, details that Assistant U.S. Attorney Timothy Severo will take over for Matthew Petracca as a consultant for the government.
The filing requested the removal of Petracca from court records but did not provide further details on the change. Notably, the U.S. attorney had previously appointed a new prosecutor for the case a few months prior.
Comey faces two federal charges, which could amount to a decade in prison, related to an Instagram post featuring seashells labeled “86 47.” Prosecutors claim the post hinted at a political threat against President Donald Trump, emphasizing it indicated a “significance of intent to harm” the 47th president.
The term “86” is commonly used in restaurants to indicate that something is no longer available, but prosecutors argue it also relates to mob terminology for assassination. Acting Attorney General Todd Blanche stated, “Threatening the life of the President of the United States is a grave violation of our nation’s laws.” Subsequently, he was charged with threatening the president and making threats across state lines.
The indictment was issued amidst rising violent threats against Trump and other public officials, with assertions that Comey’s actions contributed to this dangerous environment. Comey has consistently denied any intent to intimidate, framing the image as a political statement rather than a veiled threat.
FBI Director Kash Patel accused Comey of encouraging threats against Trump, asserting that, as a former FBI director, Comey should have understood the implications of his posts. The case is making its way through the court system in North Carolina where the shell was photographed.
“No one is above the law in the Eastern District of North Carolina,” stated U.S. Attorney Boyle, affirming the office’s commitment to pursuing intimidation cases against public figures. The evidence prompted the grand jury to indict Comey.
As the trial approaches in October, the recent changes come after U.S. District Judge Louise Wood Flanagan granted Comey’s request for a trial delay. It’s also reported that Petracca had considered resigning from the Justice Department altogether but ultimately decided against it after a week’s leave.
Constitutional law expert Jonathan Turley noted earlier that Comey would likely mount a significant First Amendment defense if charged concerning the shell photo, asserting that the image, standing alone, represents protected speech. Comey maintains that his motivations are to counter perceived threats to the rule of law.
