Lawyers representing former FBI Director James Comey have requested the dismissal of a lawsuit alleging that he threatened President Donald Trump in May 2025. They argue that Comey’s social media posts don’t qualify as a “true threat” against the president.
Comey was indicted in April on two federal charges, which include threatening the president and interstate communication of threats, stemming from a social media post featuring seashells arranged in the numbers “86 47.”
The term “86” typically means to discard or eliminate, while “47” pertains to the 47th president, Trump.
He removed the post soon after sharing it and later suggested that he initially saw the shell arrangement as sending a “good political message.” He claimed he didn’t realize the numbers could imply violence and decided to delete it because it contradicted his stance against violence.
In a recent court filing, Comey’s attorneys noted that the post might be seen as political hyperbole, which falls under First Amendment protections.
“Bringing Mr. Comey to trial for opposing the president’s statements, even with a potential acquittal, would be an unconstitutional penalty for free speech,” his lawyers argued. “This could set a precedent for future prosecutions by the executive branch against political adversaries.”
“Regardless of opinions on Mr. Comey’s messages, the real issue is whether his posts are protected speech. Since they are, the charges should be dropped,” they asserted.
On the flip side, critics contend that Comey has clearly threatened the president’s life, prompting the U.S. Secret Service to investigate.
Comey’s arraignment is slated for September 30th.
