James Comey Seeks Dismissal of Charges

Former FBI Director James Comey is requesting a judge to dismiss charges against him, claiming that his “86 47” social media post was a form of political expression rather than a threat to then-President Donald Trump.

The controversy arises from a 2025 post where Comey arranged seashells on a North Carolina beach to spell out “86 47.” Many interpreted “86” as meaning “eliminated,” with “47” likely referring to Trump. While “86” is not intrinsically violent—originating as restaurant jargon—many criticized the post, leading Comey to remove it shortly after.

During a grand jury hearing in April, the indictment against Comey included two counts, alleging he “deliberately and intentionally threatened to take the life and inflict bodily harm on the President of the United States.” The indictment cited the Instagram post as a potential serious threat, asserting that a reasonable person would view it as an expression of intent to harm the president.

On Monday, Comey’s legal team contended that the prosecution could not demonstrate that the seashell arrangement posed a threat. They emphasized that “86” is often interpreted as “remove” or “eliminate,” and pointed out its use on billboards during protests.

Comey’s lawyers argued, “The government has now charged Mr. Comey for expressing political opposition; attempts to stifle core political speech violate both the relevant statute and the First Amendment.” They added that even if “86 47” could imply violence, a logical observer would see it as mere political exaggeration, not a genuine threat. They referenced a Supreme Court case that dismissed a prosecution involving a more direct threat than Comey’s seashell post.

Furthermore, PBS News noted that Comey had previously been dismissed in November for allegedly misleading Congress, following a judge’s ruling that the prosecutor handling his case and New York Attorney General Letitia James were illegitimately appointed, both being prominent critics of Trump.