James B. Comey, the former director of the Federal Bureau of Investigation, has filed a motion seeking dismissal of criminal charges accusing him of threatening then-President Donald Trump with a photograph featuring seashells arranged to read “86 47.” The indictment, brought in North Carolina in April, alleges that Comey knowingly and willfully threatened to take the life of, and inflict bodily harm upon, the president.
The controversy centers on the meaning of the phrase “86 47.” Prosecutors and supporters of Trump argue that “86” is a slang term derived from mafia jargon, meaning to kill someone, while “47” references Trump as the 47th president of the United States. However, Comey’s legal team disputes this interpretation, stating in their Monday court filing that the phrase “86” ordinarily means “get rid of” or “eject,” and lacks a violent connotation except in rare contexts. They assert that dictionaries, common usage, and legal precedent contradict the prosecution’s claim that the Instagram post constituted a true threat.
The photo in question appeared on Comey’s Instagram account and was later deleted. Under federal law and a 2023 Supreme Court ruling, a “true threat” requires a serious expression by the speaker with the intent to commit unlawful violence. The defense emphasizes that the seashell arrangement does not meet this standard and highlights numerous examples where similar language has been used by activists, protesters, and vendors without resulting in criminal charges. The filing also cites a recent federal ruling involving demonstrators in Washington using the phrase “8647,” where a judge concluded it did not constitute a credible threat against the president.
Comey’s lawyers are expected to submit additional documentation arguing that the charge is part of a broader pattern of selective and vindictive prosecution against Comey by the Trump administration. The indictment followed Trump’s repeated calls for his Justice Department to pursue criminal cases against Comey, who the former president blamed for investigations into his 2016 campaign and alleged ties to Russia.
The case has also been marked by controversy over the appointment of prosecutors. In September, Trump dismissed a U.S. attorney in Virginia who, along with career prosecutors, had declined to press charges against Comey based on a separate matter involving his 2020 congressional testimony. The attorney’s successor, Lindsey Halligan, a former insurance lawyer without prior prosecutorial experience, secured the indictment; however, the initial case was dismissed after a judge ruled that Halligan had been improperly appointed.
Monday’s motion thus focuses narrowly on whether the seashell photo meets the legal standards for a true threat. The outcome will test the boundaries between protected free speech and criminal threats in a politically charged environment.