James Comey Seeks Dismissal of '86 47' Case, Arguing Seashell Post Was Protected Political Speech

Former FBI Director James Comey is asking a federal judge to dismiss the criminal case stemming from his 2025 social media post showing seashells arranged to spell "86 47," arguing the message was protected political speech and not a criminal threat against President Donald Trump.

In a court filing submitted Monday, Comey's attorneys contend the post does not meet the legal definition of a "true threat" and is instead protected under the First Amendment. The defense argues the government cannot use criminal prosecution to silence political expression and says no reasonable person would interpret the post as a serious expression of intent to commit violence.

The case centers on a photograph Comey shared during a beach walk with the caption, "Cool shell formation on my beach walk." The image displayed the numbers "86 47." Prosecutors allege the message threatened Trump, the 47th president of the United States. The slang term "86" is commonly understood to mean getting rid of or discarding something, though its meaning has been the subject of dispute in the case.

Comey faces charges including making a threat against the president and transmitting a threat in interstate commerce. His legal team argues that even if the phrase could be interpreted as advocating violence, it would still amount to political hyperbole rather than a prosecutable threat.

The Justice Department previously pursued a separate case against Comey before focusing on the social media post. Following his indictment in April, Comey publicly maintained his innocence, saying he believes the federal judiciary will fairly evaluate the case.

Comey's arraignment is scheduled for Sept. 30, with the trial currently expected to begin in October.

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