Overview
- On Monday, July 27, James Comey filed a motion in the U.S. District Court for the Eastern District of North Carolina asking Judge Louise Flanagan to dismiss with prejudice the two-count indictment tied to his 2025 Instagram photo of seashells reading “86 47.”
- Comey’s lawyers say the post is core political speech that cannot meet the Supreme Court’s narrow “true threat” standard and note that “86 47” commonly means “get rid of” the 47th president rather than an intent to commit violence.
- The filing also asserts selective and vindictive prosecution, arguing that the slogan appears widely on signs and merchandise but only Comey was charged, and it asks the court for expanded disclosure about the grand jury record and investigative steps.
- The Justice Department, led by Acting Attorney General Todd Blanche, has said prosecutors will prove intent with witnesses and documents, and the court set an August 18 deadline for the DOJ to respond with arraignment on September 30 and trial on October 21 still on the calendar.
- Observers should watch whether the judge grants dismissal or instead orders discovery on alleged investigative irregularities because a ruling could shape how far prosecutors may go in criminalizing politically charged speech and affect other pending cases.