James Comey’s lawyers say US government distorted details in seashell case

James Comey, former head of the Federal Bureau of Investigation and a frequent target of President Donald Trump's criticism, faces charges related to a social media post. In April, Comey was charged for sharing an Instagram photograph showing seashells on a beach arranged to spell the numbers "86 47". The Department of Justice alleges these numbers constitute a numerical message alluding to killing Trump, the 47th president, with "86" being restaurant slang meaning to cancel or eliminate something.

Comey's defence team filed a series of misconduct allegations on Tuesday, arguing that prosecutors omitted key details and falsified others in bringing the case. The lawyers contend the prosecution is motivated by political retribution and contains "irregularities". They assert that "ample objective evidence—much of which comes directly from government officials' own public statements and admissions—establishes that the President's animus toward Mr Comey led to this vindictive and selective prosecution."

Comey denies the post carried any violent meaning. He faces one count of threatening the president and a second count of transmitting a threat in interstate commerce, with potential penalties of up to ten years in prison if convicted. Rights advocates have questioned whether the charges will withstand legal scrutiny, noting that the seashell photograph likely qualifies as protected speech under the First Amendment of the US Constitution.

The case represents part of a broader pattern of aggressive prosecution by the Trump administration targeting the president's rivals. Federal prosecutors have unveiled indictments against figures including New York Attorney General Letitia James and former National Security Advisor John Bolton, both vocal critics of the president. Bolton pleaded guilty to illegally withholding classified materials in June, while James's case was dismissed.

Comey also faced a separate criminal indictment in September 2025 on obstruction and false statements to Congress charges, shortly after Trump posted on Truth Social that "nothing is being done" to prosecute figures like him and James. Both that case and James's were dismissed in November 2025 after a federal judge determined the prosecutor who brought the indictments lacked legal authority.

The defence motion filed Tuesday alleges that federal prosecutors withheld details about unsuccessful efforts to establish a connection between the term "86" and criminal activity. Comey's lawyers describe multiple instances where federal prosecutors and FBI agents searched for "86", including in files related to suspected gangster John Gambino.