Overview
- Comey filed a motion on Monday asking a federal judge in the Eastern District of North Carolina to dismiss the April indictment, arguing his May 2025 seashells photo reading “86 47” was political expression, not a true threat.
- The indictment returned by a federal grand jury in April charges Comey with making a threat against President Trump and transmitting a threat in interstate commerce, and the court has set an Aug. 18 deadline for the Justice Department to respond.
- Comey’s lawyers argue the slogan is common political rhetoric that appears on merchandise and at protests and say prosecuting him would chill core First Amendment speech; they have asked in some filings for dismissal with prejudice and are expected to press a selective-prosecution claim next.
- The Justice Department has not detailed the evidence it will use but Acting Attorney General Todd Blanche has said prosecutors will prove intent with witnesses, documents, and the defendant, and court scheduling lists an arraignment on Sept. 30 and a trial on Oct. 21 if the case proceeds.
- The dispute centers on the legal line between protected political hyperbole and a prosecutable “true threat,” and the judge’s ruling on the motions could shape how courts treat coded slogans and political social media posts going forward.