Former FBI Director James Comey filed motions late Tuesday seeking to dismiss federal charges accusing him of threatening President Trump by posting a photo of seashells arranged to form the numbers "86 47." His legal team argues the indictment is part of a yearslong effort to punish him for criticizing the president and accuses the government of misconduct.
The filing includes a 76-page spreadsheet detailing insults exchanged between Trump and Comey over the last nine years. Comey's lawyers argue the indictment should be dismissed on grounds of vindictive and selective prosecution, citing Trump's animosity toward Comey and his protected speech. They also requested suppression of evidence from warrants for Comey's accounts and disclosure of grand jury proceedings.
The Justice Department denies that Comey is being singled out due to his political views. In the motion, Comey accused the U.S. Secret Service of conducting "illegal electronic surveillance" at the request of a high-level DOJ official without a warrant shortly after his spring 2025 Instagram post. Filings show discussions between Secret Service staff about "pinging" Comey's phone to track its location, which some personnel viewed skeptically, and a request for Verizon to provide location information due to an "emergency" situation. At the time, Comey was traveling from North Carolina to his Virginia home.
Comey's legal team also argues that allowing the prosecution to proceed would erode core constitutional rights protecting free speech. They claim the case was instigated based on Comey's protected speech and that the government engaged in selective prosecution. A Justice Department official previously told NBC News that the case was a "complete loser" and a "waste of resources," predicting it would be tossed before trial.