James Comey seashells case: Lawyers ask judge to dismiss charges
Comey’s attorneys say an Instagram photo spelling “8647” was political speech, not a true threat against President Donald Trump.
By Deshawn Carter · Sports Writer
3 min read
James Comey’s seashells case is now in the hands of a federal judge after the former FBI director’s lawyers asked for the prosecution to be thrown out, arguing an Instagram photo of shells spelling “8647” cannot reasonably be treated as a threat against President Donald Trump.
In a court filing Monday, Comey’s eight-lawyer team said “dictionaries, context, precedent, and common sense” undercut the Justice Department’s case. They argued that a reasonable person seeing the post would view it as political expression, not a genuine call for violence.
Comey was indicted in April by a federal grand jury in the Eastern District of North Carolina. Prosecutors have alleged that the image, showing seashells arranged as “86 47,” amounted to a threat against Trump, who is the 47th president.
What is the James Comey seashells case?
The case centers on an Instagram photo Comey posted of seashells arranged to read “8647.” The number “86” is widely used in restaurants to mean something is unavailable or should be removed from service, while “47” refers to Trump’s place in the presidential lineup.
Comey’s lawyers told the court that even if someone could read the phrase as harsh anti-Trump language, it would still fall under political hyperbole rather than a prosecutable threat. They cited Supreme Court precedent on threats and speech, saying the high court has rejected prosecutions involving language more direct than Comey’s shell photo.
“Forcing Mr. Comey to stand trial for a statement opposing the President, even if he is ultimately acquitted, would itself be an unconstitutional punishment of free speech,” the defense team wrote in the filing.
If the case survives the defense challenges, trial is scheduled for October. The Justice Department has until Aug. 18 to respond to Comey’s dismissal motions, according to the court schedule.
Matthew Petracca, described by NBC News as a rookie federal prosecutor and former Republican official, initially brought the case. He has since moved off it.
Comey’s team is also expected to file a separate motion arguing that the prosecution is selective and vindictive, according to NBC News. Comey has previously said the case reflects what he called Trump’s “bottomless desire” for revenge.
How have courts viewed “8647” before?
Comey’s filing points to a separate ruling from a federal judge in Washington, D.C., involving an “8647” flag flown by protesters on National Park Service land. That judge wrote that it was “difficult to fathom” how a reasonable observer would see the flag as a true threat.
During arguments in that case, the government acknowledged that some uses of the numbers together would not amount to a threat against the president, according to the ruling cited by Comey’s attorneys.
The defense filing also compares the prosecution with Trump’s own past speech. Comey’s lawyers cited Trump’s statements about members of Congress, Hillary Clinton and Rep. Liz Cheney, arguing that the president’s public comments have been more violent than the seashell post prosecutors are targeting.
The lawyers also quoted Trump’s own legal arguments from his Jan. 6 criminal case, where his team said an indictment should be dismissed if it tries to criminalize core political speech protected by the First Amendment.
Comey previously faced a separate case tied to congressional testimony he gave in 2020. A federal judge dismissed that case after finding that Lindsey Halligan, a Trump ally who brought it, had been unlawfully appointed.
This story draws on original reporting from NBC News.