The Justice Department filed detailed motions Tuesday defending its indictment of former FBI Director James Comey. Prosecutors say there is “no serious dispute” that an objective viewer could interpret Comey’s May 2025 Instagram post of seashells showing the numbers 86 47 as a threat toward President Donald Trump.
Prosecutors’ Argument
According to the filings, Comey claimed he found the shells while walking on a North Carolina beach and that the numbers represented a random arrangement. The government disputes that account, noting that the shells were located four miles inland from the shoreline, on property separated from the ocean by a sand dune, and that no one else saw or arranged them.
Prosecutors also point to a text Comey’s wife sent him two minutes before the post, which included a dictionary definition of “86” meaning “to throw out” or “to get rid of.” They argue that, combined with the number 47—Trump’s presidential order—an objective viewer could read the image as a coded call to “kill President Trump.”
Context and Timing
The post appeared weeks before Comey planned to release a novel titled FDR Drive, which features a prosecutor pursuing a far‑right social‑media personality who incites violence against his opponents. After the post went viral, Comey’s publishing agent texted him that the attention could boost book sales, a comment Comey acknowledged.
Defense attorneys contend the indictment is part of a vindictive campaign against Comey, who was fired by Trump in 2017 while overseeing the investigation into possible ties between the 2016 campaign and Russia. The government denies any presidential directive, stating the decision to charge Comey was made by the U.S. attorney for the district.
Legal Issues
The case centers on whether the Instagram image constitutes a “true threat” under federal law. Comey’s lawyers argue the prosecution lacks evidence that he intended physical violence or that he knew the numbers could be read as a call for harm. They also claim investigators misled the court, withheld key facts, and failed to produce corroborating witnesses.
Federal prosecutors maintain that the evidence supports a finding that Comey acted at least recklessly by disregarding the substantial risk that his coded message would be perceived as threatening the President.
Original reporting: KTBS 3 (Shreveport) — read the source article.
