Washington — Former FBI Director James Comey has asked a federal judge to dismiss an indictment accusing him of threatening President Donald Trump's life. The charges stem from a photo Comey briefly posted on Instagram last year showing seashells arranged in the sand to form the numbers "86 47."

Comey's legal team contends that the phrase "86 47" does not imply violence and that the indictment "targets and chills" political speech protected by the First Amendment. They argue that "86" means "to get rid of" or "eject," with no violent connotation except in rare cases, citing other uses including by a former Republican representative.

Comey deleted the image shortly after posting it, stating in May 2025 that he was unaware the numbers might be associated with violence and removed the post because he opposes violence of any kind.

The defense warns that prosecuting Comey for a statement opposing the President—even if ultimately acquitted—would constitute an unconstitutional punishment of free speech and could encourage future prosecutions by the Executive Branch against political opponents.

They further argue that the indictment does not allege Comey made a true threat and that any implication of violence would be seen by a reasonable observer as political hyperbole, which is protected speech.

Comey faces two charges of threatening to kill the president related to the Instagram post.

Sources