Former FBI Director James Comey faces federal charges for allegedly threatening President Donald Trump by posting an Instagram photo of seashells arranged to form the phrase "86 47." Prosecutors claim this was a public assassination threat. However, evidence reveals that before Comey's post, Amazon vendors had already offered over 200,000 products featuring similar "86" phrases targeting various political figures, including "86 46" for Joe Biden and "86 45" for Trump during his first term.

Comey's attorneys argue in a recent motion that this widespread use undermines the prosecution's case, which they describe as selective and vindictive, motivated by Trump's personal animus toward Comey.

Records indicate the Secret Service illegally surveilled Comey by requesting cellphone location data from Verizon without a valid emergency, contradicting Acting Attorney General Todd Blanche's account of the investigation. A Secret Service special agent in charge (SAIC) admitted to pinging Comey's cellphone "with hesitation" after being asked by a superior. Emails show that SAIC John Bush, responsible for the Presidential Protective Division and traveling with Trump, was under pressure to provide immediate interview notes, with the president reportedly eager to use the information in a press conference.

The investigation officially began on October 30, but significant activity, including interviewing a hostile acquaintance of the Comeys, did not occur until mid-April, shortly before the indictment was filed on April 28.

Notably, one FBI agent familiar with organized crime and the Gambino family stated he never understood the term "86" to mean "to kill" and had never heard it used in that context. Patrice Comey reported that a person who had worked in the restaurant business initially interpreted "86" as a common term meaning to remove or reject something, akin to being "86 on broccoli."

Comey removed the Instagram post within hours, offering an explanation for its meaning. The case raises significant First Amendment concerns, as the phrase is a common expression of opposition rather than a credible threat.

Sources