Washington — Former FBI Director James Comey has urged a federal judge to dismiss an indictment accusing him of threatening President Trump's life. The charges stem from a photo Comey briefly posted on Instagram last year showing seashells arranged in the sand forming 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 examples including usage by a former Republican Representative.

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

His defense asserts that even if the post is interpreted as implying violence, it would be seen by a reasonable observer as political hyperbole, which is constitutionally protected speech. They further warn that prosecuting Comey for opposing the President—even if acquitted—would constitute an unconstitutional punishment of free speech and could lead to future prosecutions of political opponents by the Executive Branch.

The defense maintains that the indictment does not allege a true threat and should be dismissed accordingly.

Sources