Lawyers for former FBI director James Comey alleged on Tuesday, July 29th, 2026, that US Secret Service agents illegally surveilled Comey and that former President Donald Trump requested regular updates on the investigation. The case centers on Comey posting a picture of seashells spelling out “8647,” which the US Department of Justice charged as a threat against the president’s life.

The allegations were detailed in a motion to dismiss a criminal case filed against Comey in April. Comey’s legal team argues the prosecution is vindictive and selective, claiming the investigation stalled until US Attorney Ellis Boyle and Todd Blanche reinvigorated it. They assert the indictment is part of a yearslong campaign by Trump to punish Comey for protected speech due to deep-seated animosity.

Comey also filed a separate motion seeking dismissal on the grounds that his post was protected speech and not a true threat.

According to the motion, law enforcement initially believed the term “86” referenced something innocuous but later considered it a violent threat after Rudy Giuliani claimed Comey had worked on cases where “86” meant kill. The FBI searched records related to mobster John Gambino’s federal case, which Comey had prosecuted, for references to “86.” Even after the indictment, officials continued searching for evidence that Comey understood “86” as a violent term.

The case has drawn attention for reportedly involving law enforcement’s use of ChatGPT and consultation with a known mafia killer to justify charges. Trump has long been critical of Comey’s handling of the 2016 Russian election interference investigation.

The motion was filed in federal court in North Carolina, where Comey’s lawyers called for dismissal due to vindictive prosecution.

Sources