Attorneys for former FBI Director James Comey are asking a federal court to toss out the indictment accusing him of threatening President Donald Trump’s life, arguing his Instagram post of seashells spelling “86 47” was nothing more than protected political speech.
Comey was indicted in April over the post, published in May 2025 and later deleted, which prosecutors say amounted to a threat against the president. In a filing Monday, Comey’s legal team called the case an assault on the First Amendment, insisting the numbers referenced a slogan that has circulated at protests and on merchandise nationwide, rather than any call for violence.
“Mr. Comey, an outspoken critic of President Trump, posted a photograph of seashells spelling out ’86 47,’ a well-known political slogan that expresses opposition to the President,” the filing said, adding that thousands of items bearing the phrase have been sold online and that it was a common sight at demonstrations in the months before his post.
The defense accused the Justice Department of singling out Comey “to prosecute one of the President’s most prominent critics for publishing another person’s statement of political opposition,” calling the effort an unconstitutional attempt to suppress speech.
Prosecutors, however, have pointed to the phrase’s widel
