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.
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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.
