Legal counsel for former FBI director James Comey have moved to dismiss a case involving an Instagram post, arguing it constitutes protected political speech rather than a threat.
Key facts
- •James Comey was indicted in April in the Eastern District of North Carolina over an Instagram post depicting seashells.
- •The defense argues the post is protected political speech and not a true threat against the president.
- •The Justice Department is required to respond to the motion to dismiss by August 18.
- •A trial is currently scheduled for October if the case survives legal challenges.
- •Comey’s team plans to file a motion alleging selective and vindictive prosecution by Tuesday.
Attorneys for former FBI director James Comey have filed a motion in federal court to dismiss a prosecution centered on an Instagram post featuring seashells arranged to form the numbers “86 47.” Prosecutors previously argued the image constituted a threat against President Donald Trump, interpreting the numbers as a reference to the 47th president and the term “86,” often used in restaurants to indicate an item is unavailable. Comey’s legal team contends the post is protected political hyperbole.
Arguments for Dismissal
In a court filing submitted Monday, Comey’s team of eight attorneys argued that the prosecution lacks merit based on “dictionaries, context, precedent, and common sense.” They asserted that no reasonable observer would interpret the post as a true threat of violence. The defense further argued that forcing Comey to stand trial for political opposition would constitute an unconstitutional punishment of free speech, citing Supreme Court precedents that have rejected threat prosecutions based on speech more direct than the post in question.
Comparison to Other Cases and Statements
The defense filing highlighted instances where President Trump’s own rhetoric was arguably more violent, including comments regarding Rep. Liz Cheney and remarks made during the 2016 campaign. Additionally, the attorneys referenced a ruling from a federal judge in the District of Columbia, who stated it was difficult to see how an “8647” flag flown by protesters could be viewed as a true threat. The defense also noted that Trump’s own legal team has previously argued that indictments must be dismissed when they seek to criminalize core political speech.
Procedural Status
Comey was indicted by a grand jury in the Eastern District of North Carolina in April. If the case proceeds, it is scheduled for trial in October. The Justice Department has until August 18 to respond to the motion to dismiss. Comey’s team is also expected to file a separate motion by Tuesday alleging selective and vindictive prosecution. Matthew Petracca, the prosecutor who initially brought the case, has since moved off the matter.
Timeline
- 2020James Comey provided congressional testimony that led to a separate, now-dismissed case.
- AprilA grand jury in the Eastern District of North Carolina indicted James Comey.
- MondayComey’s attorneys filed a motion to dismiss the seashells-based prosecution.
- August 18The deadline for the Justice Department to respond to the motion to dismiss.
- OctoberThe scheduled date for the trial if the case is not dismissed.
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This article was independently rewritten by ManyPress editorial AI from reporting originally published by NBC Politics.
