The U.S. Department of Justice has filed a detailed response in federal court, arguing that a 2025 Instagram post by former FBI Director James Comey—depicting seashells arranged to form the numbers 86 47—could reasonably be interpreted as a threat against President Donald Trump.
In a series of court filings late Tuesday, prosecutors from the Eastern District of North Carolina countered arguments by Comey’s legal team that the indictment against him should be dismissed. The filings were submitted in response to Comey’s motion alleging vindictive and selective prosecution, claiming the case was driven by political hostility rather than legal merit.
Key developments in the case
The Justice Department’s response centers on two primary claims:
- The seashells post constituted a true threat: Prosecutors assert that an objective viewer could read the arrangement of shells as a coded message meaning “Kill President Trump.” They cite the common slang definition of “86”—historically used to mean “to throw out” or “to get rid of”—as well as its secondary association with violence, referencing Cassell’s Dictionary of Slang.
- Comey’s intent is disputed: The government challenges Comey’s explanation that he unknowingly arranged the shells while walking on a North Carolina beach. Prosecutors suggest the post was a deliberate attempt to promote his upcoming novel, in which a fictional character’s words inspire followers to attack his enemies.
Prosecution’s rationale and supporting claims
In their filings, prosecutors argue that the “86 47” post aligns with a pattern of behavior described in Comey’s own novel, FDR Drive, where a charismatic leader uses coded language to incite followers. They also note that Comey’s wife texted him a definition of “86” shortly before he posted the image, though the context of that exchange remains undisclosed.
The Justice Department further emphasizes that U.S. Attorney W. Ellis Boyle made the decision to pursue the indictment independently, without direct influence from Attorney General Todd Blanche or President Trump. According to the filings, Boyle notified Blanche only as a procedural step due to the case’s potential for publicity, not as a directive.
Defense arguments and counterclaims
Comey’s legal team has argued that the term “86” is widely used in non-violent contexts, including in restaurants to indicate an item is no longer available and in protests as a call to “eject” or “remove.” They contend that the government misled the court by omitting key facts and withholding evidence that Comey did not intend a physical threat.
The defense also disputes the prosecution’s interpretation of the post, stating that Merriam-Webster defines “86” solely as “to throw out” or “to refuse service,” with no primary definition linking it to violence. They argue that the indictment itself is an overreach, designed to punish Comey for his longstanding criticism of Trump.
Background and timeline
Comey posted the seashells image on May 15, 2025, and deleted it shortly after public criticism emerged over its potential interpretation. Trump, the 47th U.S. president, has been a frequent target of Comey’s public statements since Trump fired him as FBI director in 2017. The indictment was announced in April 2025, with Blanche and FBI Director Kash Patel publicly supporting the prosecution at the time.
Ongoing legal and political implications
The case has drawn attention for its potential to set a precedent regarding social media speech and true threats, as well as the boundaries of prosecutorial discretion in politically sensitive cases. Legal experts note that the outcome could influence how future online posts—particularly those involving coded language—are evaluated under federal law.
The filings do not address whether Comey’s novel, FDR Drive, played a role in the prosecution’s theory of the case beyond the cited passage. The next scheduled hearing in the case has not yet been announced.