Comey asks judge to drop case over seashells Instagram post

Former FBI Director James Comey is urging a federal judge to dismiss an indictment that alleges he threatened President Trump's life, asserting that the charges violate his First Amendment rights.

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targets and chills political speech.

Comey's defense team filed a motion arguing that the indictment, stemming from an Instagram post featuring seashells arranged to form the numbers "86 47," targets protected political speech. Prosecutors claim a "reasonable recipient" would interpret the post as a serious threat, but Comey's lawyers contend that the phrase "86" primarily means "to get rid of" or "eject" and lacks violent connotations except in rare usages.

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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 further argue that forcing Comey to stand trial for a statement opposing the President would constitute an "unconstitutional punishment of free speech" and could set a dangerous precedent for future administrations to prosecute political opponents. Even if the post could be interpreted as implying violence, the defense maintains it would be recognized as political hyperbole, which is protected under the First Amendment.

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And it would invite future prosecutions by the Executive Branch against perceived political enemies for their opposition to the President.

Comey briefly posted the image last year, later deleting it and stating he believed it conveyed a political message. He explained in May 2025 that he did not realize the numbers might be associated with violence and removed the post because he opposes violence. He is scheduled for arraignment in late September and has pleaded innocent to the charges, with his legal team planning multiple motions to dismiss the case on various grounds, including claims of selective and vindictive prosecution.

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has no violent connotation except in the most uncommon usages.