US Department of Justice defends Comey prosecution over '86 47' seashell post
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US federal prosecutors on Tuesday defended their prosecution of former FBI Director James Comey, writing in court motions that an objective viewer could read his Instagram post of seashells arranged as '86 47' as 'Kill President Trump.' The Justice Department alleged the post was a coded threat and an effort to market Comey's forthcoming novel FDR Drive.
Key Facts
- Comey is charged with threatening the president and transmitting a threat in interstate commerce.
- Trump is the 47th US president, and prosecutors allege the number 47 in Comey's post referred to him.
- Prosecutors said Comey's wife texted him a screenshot of an '86' definition — 'to get rid of or refuse service' — two minutes before he posted.
- After the outcry, Comey's publishing agent texted that he had 'gone viral,' and Comey replied he would 'be OK if it sells books.'
- Comey deleted the post after backlash began, saying he did not know anyone would interpret the numbers as a call to violence.
Justice Department Filings
Federal prosecutors filed motions Tuesday in a federal court opposing Comey's motion to suppress evidence and to open grand jury details. They wrote that there is no serious dispute that an objective viewer of Comey's post could read it to mean 'Kill President Trump.' The government cast doubt on Comey's account that he was a victim of 'vindictive' and 'selective' prosecution and that he found the seashells by chance on a North Carolina beach. Prosecutors said Comey's May 2025 Instagram post was a ploy to sell copies of his forthcoming novel FDR Drive.
The Instagram Post
Comey posted an image of seashells arranged as '86 47' on Instagram in May 2025. The Merriam-Webster entry for '86' used by the Associated Press lists meanings 'to throw out,' 'to get rid of' or 'to refuse service to.' Trump is the 47th US president, and prosecutors allege the number 47 referred to him. Comey's lawyers say '86' has long meant 'to eject' or 'to get rid of' and appeared on thousands of items sold online and at protests.
Comey's Response and Charges
Two minutes before Comey posted, his wife texted him a screenshot of a definition of '86' as 'to get rid of or refuse service,' prosecutors said. Shortly after the outcry, Comey's publishing agent wrote to him that he had 'gone viral,' and Comey replied he would 'be OK if it sells books.' Comey deleted the post after backlash began, saying he did not know anyone would interpret the numbers as a call to violence. Comey is charged with threatening the president and transmitting a threat in interstate commerce.
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US Department of Justice defends Comey prosecution over '86 47' seashell post
