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Comey argues ‘86 47’ seashell post wasn’t a ‘true threat’ and asks judge to drop case

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Former FBI director James Comey speaks to reporters on Capitol Hill in Washington, Dec. 17, 2018. (AP Photo/J. Scott Applewhite, File)

Attorneys for former FBI director James Comey asked a U.S. federal judge to dismiss the seashell threats case against him, which is set to go to trial in October, arguing that there was no actual threat against U.S. President Donald Trump in the now year-old post.

After the Justice Department had tried and failed to bring a separate case against the former director, federal prosecutors focused on a 2025 social media post from Comey of seashells spelling out “86 47.”

“Cool shell formation on my beach walk,” Comey wrote as the photo’s caption.

The number 86 often refers to tossing or getting rid of something, and Trump is the 47th president.

In Monday’s filing, Comey’s defence team described basic First Amendment rights, arguing the law prohibits “the government from using criminal prosecution to silence political opposition”

“Because the indictment targets and chills core political speech and fails as a matter of law, it must be dismissed at this juncture,” his attorneys wrote.

James Comey 86 47 seashell post Former FBI director James Comey, in 2017. (Andrew Harnik/AP/File via CNN Newsource)

Allies of Trump, including those in charge of the country’s largest law enforcement agencies, claimed last year that Comey was threatening Trump’s life and the Secret Service was immediately tasked with investigating the seashells.

Comey’s attorneys say that to be a “true threat” under the law, Comey’s post would have needed to communicate a “serious expression” that Comey was going to commit violence.

“No reasonable observer who was aware of the relevant context would read the phrase ‘86 47’ to connote violence against the President,” Comey’s attorneys wrote. “But even if ‘86 47’ could implausibly be read to suggest violence, a reasonable observer would still understand Mr. Comey’s post as mere political hyperbole, not a true threat.”

James Comey Former FBI director James Comey listens to his introduction before speaking at the University of Chicago Law School for the 2019 Ulysses and Marguerite Schwartz Memorial Lecture, Tuesday, Oct. 29, 2019, in Chicago.

Comey faces charges that include making a threat against the president and transmitting a threat in interstate commerce.

Shortly after his April indictment — which was brought in North Carolina —Comey responded in a video posted to his Substack account.

“I’m still innocent. I’m still not afraid,” Comey said. “And I still believe in the independent federal judiciary, so let’s go.”

Comey’s arraignment is scheduled for Sept. 30.

Holmes Lybrand, CNN