Seashell Threat Allegations
James Comey Argues First Amendment Protects Seashell Post, Seeks Dismissal of Threat Charges
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Key Points
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Thousands of items featuring the slogan 86 47 have been sold online, and prosecutors say Comey is being singled out to prosecute one of the President's most prominent critics.
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Prosecutors say a reasonable recipient would interpret the seashell arrangement spelling 86 47 as a serious expression of intent to harm the President, supporting the true threat charges.
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Comey’s lawyers contend the case is in a North Carolina federal court and that the indictment targets and chills political speech by punishing political opposition to the President.
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Some outlets depict the number sequence as 8647 rather than the spaced 86 47, highlighting variations in how the shell formation is reported.
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Comey briefly deleted the image after posting and later said he did not realize the numbers might be linked to violence and removed the post because he opposes violence of any kind.
Former FBI Director James Comey has asked a federal judge to throw out the criminal case against him, arguing that an Instagram photo of seashells spelling out "86 47" is protected political speech — not a threat. CNN reported that his lawyers filed the motion to dismiss, saying the charges punish political opposition to President Trump in violation of the First Amendment.
The case is being heard in a North Carolina federal court. A trial is set for October, with arraignment planned for late September. Comey briefly deleted the post after sharing it, later saying he did not realize the numbers could be linked to violence, according to NBC News.
What '86 47' Means and Why It Matters
"86" is slang for getting rid of something. "47" refers to Trump, the 47th president. Together, the phrase has become a rallying slogan among Trump critics. The Independent reported that thousands of items featuring "86 47" have been sold online, from T-shirts to bumper stickers.
Comey posted a photo of seashells arranged into those numbers on the beach. He said the image expressed his political views. He deleted it shortly after posting. He later said he had no idea the phrase was connected to calls for violence and that he opposes violence of any kind.
Comey's Defense: Political Speech, Not a True Threat
A "true threat" is a serious statement that shows intent to harm a specific person. Comey's lawyers say the seashell post does not meet that bar. WISH-TV reported that his attorneys argue both counts in the indictment punish political expression and should be dropped entirely.
His team also says the government is singling him out because he is one of Trump's most prominent critics. They argue the prosecution has a chilling effect — meaning it could scare other Americans away from expressing political views. The motion seeks dismissal on multiple legal grounds.
Prosecutors Push Back: Image Could Signal Serious Intent
Federal prosecutors disagree. They say a reasonable person receiving the image could read it as a serious expression of intent to harm the President. That standard is key to proving a true threat under federal law. WBT reported that the indictment charges Comey with two counts tied to the post.
The government has not backed down despite the widespread use of the "86 47" slogan. Prosecutors appear to argue that Comey's status and platform make his use of the phrase more significant than an average person sharing the same message online.
What Comes Next as Trial Approaches in October
Comey has signaled he will file several more motions seeking dismissal before trial. NBC News reported that his legal team is building a case on both First Amendment grounds and the argument that the indictment fails to allege a legally valid threat.
If the judge dismisses the case, the charges end and no trial takes place. If the motion is denied, Comey faces a federal trial in October. The outcome could set a precedent for how far political speech protections extend online — especially for critics of sitting presidents.
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