Former FBI Director James Comey has filed a motion seeking the dismissal of a criminal case that accuses him of threatening then-President Donald Trump by posting an image on social media. The image depicted seashells arranged to form the numbers “86 47,” a phrase that supporters of Comey say is a political slogan expressing opposition to Trump, the 47th president of the United States.
Comey’s post, which he shared in May 2025, drew immediate backlash from some Trump supporters who interpreted it as a violent threat. The number "86" is commonly understood as slang for "to get rid of" or "to eject." Comey deleted the post within hours and issued a follow-up statement clarifying that he did not intend any violence and opposes all forms of it.
The Justice Department indicted Comey in April 2026, shortly after Todd Blanche assumed the role of acting attorney general. This indictment followed Trump’s public call for Comey’s prosecution in September 2025. The new case is the second brought against Comey by the department in recent years. An earlier case, alleging that Comey lied to Congress, was dismissed in November 2025 after a judge ruled that the prosecutor who brought the charges was unlawfully appointed; the DOJ has appealed that decision.
In a court filing submitted July 27, Comey’s legal team argued that the charges infringe upon his First Amendment rights, framing the prosecution as an unconstitutional attempt to silence political dissent. They warned that allowing the case to proceed could set a precedent for punishing political speech generally, potentially leading to broader government censorship of critics.
The filing noted that the phrase “86 47” is widely recognized among political activists, with thousands of items bearing the slogan available online and the phrase having been prominently displayed at protests nationwide prior to Comey’s post. The legal team cited similar instances, including a 2022 post by conservative commentator Jack Posobiec featuring “86 46” in reference to President Joe Biden. When questioned in April 2026 about whether Posobiec faced investigation, Blanche said he was unaware of any probe and emphasized that each case should be evaluated individually.
A Justice Department spokesperson declined to discuss details of the case but confirmed the charges were brought by a North Carolina federal grand jury and stressed that Comey, like all defendants, is entitled to due process.
This latest development comes amid continuing political tensions between Comey and Trump, dating back to 2017 when Trump dismissed Comey as FBI director amid an investigation into possible connections between Trump’s 2016 campaign and Russia. Since then, Comey has been a vocal critic of Trump. The ongoing prosecution has sparked debate among legal experts and commentators across the political spectrum, with some conservatives expressing concern that a conviction could criminalize routine political expression.