Overview
- Comey moved to dismiss a two-count federal indictment that accuses him of threatening President Trump based on a brief Instagram photo showing seashells arranged as "86 47."
- His lawyers argue the post expresses political opposition, say the phrase "86" commonly means "to get rid of" rather than a call to violence, and contend prosecuting the post would chill protected speech.
- Prosecutors maintain the indictment alleges a "reasonable recipient" familiar with the context would view the shells as a serious expression of intent to harm the President and that intent can be proved at trial.
- The case remains active with an arraignment set for late September and sits alongside a separate earlier indictment that was dismissed over an improperly appointed prosecutor and is now the subject of a DOJ appeal.
- The court’s decision on the motion could shape how federal law treats symbolic social media posts, affect First Amendment limits on threats, and influence defense claims that the prosecution is selective or politically driven.