Archive · 20 Aug 2026
Justice Department Defends Comey Seashells Post as Threat Against Trump
The Justice Department is prosecuting former FBI Director James Comey over a social media picture.
The picture showed seashells arranged as “86 47.”
Prosecutors say those numbers could be understood as a message to kill or remove President Donald Trump.
Comey says that interpretation is unreasonable and that his post was not a threat.
His lawyers also say the prosecution is politically motivated.
They are asking the court to dismiss the case and provide grand jury records.
Prosecutors oppose those requests and say the investigation followed proper procedures.
A judge is expected to hear the case at trial in October.
Federal prosecutors say James Comey’s “86 47” seashells post could mean “kill President Trump.”
Comey argues the post was not a true threat and that its meaning is unsupported by context or common sense.
Prosecutors cited dictionary definitions, a Wikipedia entry, and Comey’s novel “FDR Drive” in opposing dismissal.
Comey’s lawyers allege vindictive prosecution and question whether agents withheld information or misled officials during the investigation.
Comey is scheduled to go to trial in October before U.S. District Judge Louise Wood Flanagan.
- Who
- The U.S. Department of Justice is prosecuting former FBI Director James Comey, whose post referenced President Donald Trump.
- What
- Prosecutors are defending an indictment alleging that Comey’s “86 47” seashells post constituted a true threat, while Comey seeks dismissal and investigative records.
- When
- The latest responses were filed Tuesday, identified in the case record as August 18, 2026; trial is scheduled for October.
- Where
- The case is pending in the U.S. District Court for the Eastern District of North Carolina.
- Why
- Prosecutors say “86” can mean kill or murder and that an objective viewer could interpret the post as threatening Trump; Comey disputes that interpretation and alleges selective and vindictive prosecution.
Justice Department’s Position
Comey’s Defense
Meaning of “86 47”
Justice Department’s Position
Prosecutors argue that “86” has a slang meaning of kill, murder, or execute, and that an objective viewer could read the post as a threat against Trump.
Comey’s Defense
Comey argues that the post was not a true threat and that dictionaries, context, legal precedent, and common sense contradict the prosecution’s interpretation.
Political motivation
Justice Department’s Position
Prosecutors say Comey cannot establish that charging him was vindictive or that alleged animus was the sole motivation for the prosecution.
Comey’s Defense
Comey’s lawyers argue that he is being selectively and vindictively prosecuted as one of Trump’s political opponents.
Investigation and grand jury process
Justice Department’s Position
Prosecutors say Comey has not shown the particularized need required to obtain grand jury transcripts or overcome the presumption that proceedings were regular.
Comey’s Defense
Comey’s lawyers contend that agents relied on his organized-crime prosecution experience to infer he knew a violent meaning of “86” and may have withheld information or misled officials when seeking warrants and the indictment.
- Defendant
- James Comey, former director of the Federal Bureau of Investigation
- President referenced
- Donald Trump
- Post
- A photo of seashells arranged into “86 47,” posted in 2025
- Prosecutors’ interpretation
- The post was a coded message meaning “kill” or “get rid of,” including “Kill President Trump”
- Court
- U.S. District Court for the Eastern District of North Carolina
- Case
- United States v. Comey, E.D.N.C., No. 4:26-cr-00016
- Trial timing
- Scheduled for October before U.S. District Judge Louise Wood Flanagan