Former FBI director James Comey is contesting federal felony charges stemming from an Instagram post showing seashells arranged to spell "86 47." Prosecutors allege the numbers constituted a death threat against President Donald Trump, referencing his status as the 47th president, but Comey's legal team argues the phrase is a well-known political slogan meaning "get rid of" or "eject," with no inherent violent intent. His lawyers filed a motion in North Carolina asking a federal judge to dismiss the charges, calling the government's interpretation "contradicted by dictionaries, context, precedent, and common sense."
The Justice Department charged Comey nearly a year after the 2025 post, accusing him of making threats against the president and transmitting them across state lines. The post was captioned "Cool shell formation on my beach walk" and was removed shortly after publication. Trump responded on Truth Social, asserting "86" is a mob term for "kill him" and that "86 47" clearly meant "kill President Trump." Merriam-Webster defines "86" as "to throw out" or "get rid of," tracing back to 1930s slang. Comey's attorneys argue the prosecution targets protected speech and sets a dangerous precedent for silencing political critics.
Comey is scheduled to be arraigned on September 30 and could face a jury trial beginning October 21 if the case proceeds. His legal team warns that prosecuting him for this post, even if unsuccessful, amounts to unconstitutional punishment of free speech and could enable future executive branch actions against political opponents. The indictment followed Trump's appointment of his former defense attorney, Todd Blanche, as Acting Attorney General after firing former Attorney General Pam Bondi.
The prosecution of James Comey for a cryptic social media post turns a dictionary-defined slang term into a felony threat, raising questions about who decides which political speech crosses the line. If intent is judged by the president's personal interpretation rather than legal precedent, any critic could become a target. The case rests on whether "86" means protest or assassination — a distinction now in the hands of the courts.
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