James Comey Seeks Dismissal of Charges for Threatening Donald Trump

Former FBI Director James Comey asked a federal judge on Monday to dismiss an indictment alleging he threatened the life of President Donald Trump. The charges center on a 2025 Instagram post featuring seashells on a North Carolina beach arranged to read "86 47," which Comey captioned as a "Cool shell formation on my beach walk."

The United States Department of Justice charged Comey with two counts: knowingly making a threat to take the life of and inflict bodily harm upon the president, and transmitting a threat in interstate commerce. Prosecutors argue a reasonable recipient would view the image as a serious expression of intent to harm the president. In contrast, Comey's legal team contends the post is protected political speech and hyperbole, explaining that "86" is slang for ejecting or getting rid of someone and "47" refers to the president's numerical order.

President Donald Trump countered that the message clearly implied assassination. Acting Attorney General Todd Blanche stated the government intends to use witnesses and documents to prove Comey's intent. Comey has proclaimed his innocence and stated he opposes violence of any kind.

This legal action follows a previous indictment in Virginia regarding Comey's 2020 congressional testimony, which was dismissed in November 2025 due to an improperly appointed prosecutor. The Justice Department is currently appealing that dismissal. Comey is scheduled for arraignment on September 30, with a trial set for October.