Former FBI Director James Comey has asked a federal judge to dismiss charges that he threatened President Donald Trump's life through a social media post featuring beach seashells arranged as "86 47."
Defense attorneys filed motions in federal court in North Carolina on July 27, 2026, arguing that the Instagram post constitutes political speech protected under the First Amendment, not a genuine threat.
Prosecutors indicted Comey in April on two counts: making threats against the president and transmitting threats in interstate commerce.
A conviction could bring up to 10 years in prison and a $250,000 fine.
The defense team asserted that the numerical arrangement refers to a well-known political slogan opposing Trump, the 47th president.
Dictionaries define "86" as meaning to get rid of or eject, without violent connotations in standard usage.
"No reasonable observer would understand the phrase '86 47' to connote violence at all — let alone to threaten that Mr. Comey personally would commit violence against the President," the motion states.
The defense highlighted that the phrase appeared frequently at political protests and on commercial products before Comey's post.
They argued that targeting Comey impermissibly chills free expression.
"This indictment targets protected speech at the heart of the First Amendment," defense lawyers wrote.
Comey's lawyers emphasized that allowing the prosecution to proceed sets a precedent for retaliatory legal actions against political dissidents.
They noted that thousands of items featuring the slogan have been sold online and displayed at protests nationwide.
The defense argued that the government's application of the statute misconstrues common language and legal precedents regarding political commentary.
"But the government now singles out Mr. Comey to prosecute one of the President's most prominent critics for publishing another person's statement of political opposition," the lawyers wrote.
Attorneys insisted that every standard reference source undermines the government's reading of the photo as an assassination threat.
"That claim is contradicted by every possible source of meaning: dictionaries, context, precedent, and common sense," they wrote.
Defense filings noted that the term carries no inherent violent meaning in common English usage.
"'86' simply means 'get rid of' or 'eject' and has no violent connotation except in the most uncommon usages," the lawyers stated.
The legal team added that combining the two numbers merely creates an explicit statement of political dissent.
"Most dictionaries do not even list the meaning — 'to kill' — that the government now proposes.
And when combined with '47' — slang for President Trump — '86' becomes nothing more than a call to oppose President Trump," the attorneys said.
Comey's attorneys maintained that forced prosecution creates unconstitutional consequences regardless of the verdict.
"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," they wrote.
The motion warned that prosecuting opposition statements invites systemic retaliation by the Executive Branch against perceived political enemies.
Defense counsel pointed to constitutional boundaries that shield hyperbolic political speech from prosecution.
"Whatever one thinks of Mr. Comey's message, the only question here is whether his post is protected speech.
Because it is, the indictment must be dismissed," they wrote.
The lawyers warned of broader societal consequences if criminal charges are permitted against political speech.
They cautioned that government officials have already signaled plans to target citizens who "copycat" Comey's political statement.
Federal prosecutors assert that a reasonable recipient would understand the image as a serious expression of intent to harm the president.
Following the post, Trump publicly characterized the phrase as a criminal call for violence, writing on Truth Social: "'86' is a mob term for 'kill him.'
They say 86 him! 86 47 means 'kill President Trump.'"
Trump further claimed Comey fully understood the violent interpretation when sharing the photo. "James Comey, who is a Dirty Cop, one of the worst, knows this full well!
EIGHT MILES OUT, SIX FEET DOWN!" Trump wrote.
The president publicly questioned Comey's truthfulness regarding his knowledge of the term's background. "Didn't he also lie to the FBI about this???
I think so!" Trump added.
Trump later reiterated his view during an interview with Fox News, stating, "A child knows what that meant."
He added that Comey's professional background made the intended meaning obvious: "If you're the FBI director and you don't know what that meant, that meant 'assassination.'"
Comey deleted the Instagram post shortly after publishing it in 2025 and issued a statement explaining his actions.
He originally captioned the image: "Cool shell formation on my beach walk." After removing it, he wrote, "I didn't realize some folks associate those numbers with violence.
It never occurred to me but I oppose violence of any kind so I took the post down."
This case represents the second indictment against Comey during Trump's second presidential term.
Last September, a federal grand jury in Virginia charged Comey with making false statements to Congress in 2020.
A judge dismissed those charges in November after finding prosecutor Lindsey Halligan was unlawfully appointed as U. S.
Attorney, a decision the Justice Department has appealed.
Comey is scheduled to be arraigned on the seashell charges on September 30, with a jury trial set for October 21, 2026.
