Attorneys for former FBI Director James Comey asked a federal judge to dismiss the seashell threats case against him, which is set to go to trial in October, arguing that there was no actual threat against President Donald Trump in the now year-old post.
After the Justice Department had tried and failed to bring a separate case against the former director, federal prosecutors focused on a 2025 social media post from Comey of seashells spelling out “86 47.”
“Cool shell formation on my beach walk,” Comey wrote as the photo’s caption.
The number 86 often refers to tossing or getting rid of something, and Trump is the 47th president.
In Monday’s filing, Comey’s defense team described basic First Amendment rights, arguing the law prohibits “the government from using criminal prosecution to silence political opposition”
