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James Comey seeks dismissal of seashell photo threat charge
Comey’s defense argues the Instagram image with the “86 47” numerical arrangement was political speech, and that prosecutors cannot prove it was a “true threat.”
Former FBI director James Comey urged a judge to throw out federal charges against him tied to an Instagram photo of seashells arranged on a beach, which his lawyers say was political speech rather than a threat against President Donald Trump. According to the case described in reports, prosecutors have tried to characterize the post as a “true threat,” but Comey’s legal team argues the government cannot prove that interpretation.
Comey’s lawyers said the defense is focused on the numerical arrangement “86 47” and its meaning, arguing the slogan has long been used to mean “get rid of” or “eject,” and appears on thousands of items sold online and at protests. The defense also argued that singling out Comey for publishing a statement of political opposition violates statutes at issue and the First Amendment.
The dispute is described as the second seashell-related case brought against Comey in months. An earlier Virginia case accusing Comey of lying to Congress was dismissed last November, after a judge found the prosecutor who charged him, along with New York Attorney General Letitia James, was illegally appointed.
The broader reporting frames the case as part of a Justice Department effort that has initiated investigations into individuals the Trump administration says the president does not like. The judge’s decision on the dismissal request will determine whether the seashell-photo charges proceed.