Comey Files Motion to Dismiss Seashell Indictment, Citing Free Speech

Attorneys for former FBI Director James Comey filed a motion on Monday, July 27, seeking the dismissal of the federal indictment that charges him with threatening President Donald Trump's life — a case that hinges on a single Instagram photograph of seashells arranged to spell out "86 47." Comey's lawyers argue the post is constitutionally protected political speech, not a true threat.

Comey was indicted in April 2026 over the since-deleted post, which he shared on his Instagram account in May 2025. Federal prosecutors contend the arrangement — referencing Trump as the 47th president, with "86" being slang for eliminating someone — constituted a credible threat against the president's life. Comey disputes this interpretation, and his lawyers are mounting an aggressive pre-trial challenge.

First Amendment Defense

"This indictment targets protected speech at the heart of the First Amendment," the filing states. "Mr. Comey, an outspoken critic of President Trump, posted a photograph of seashells spelling out '86 47,' a well-known political slogan that expresses opposition to the President. In fact, thousands of items featuring this slogan have been sold on the internet and are available to this day."

The filing accuses the Justice Department of singling Comey out "to prosecute one of the President's most prominent critics for publishing another person's statement of political opposition," calling it an attempt to suppress protected speech. Comey's lawyers also argue that after deleting the post, he voluntarily contacted the local police chief and agreed to be interviewed by Secret Service agents — conduct inconsistent with someone intending a threat.

Legal Standard for "True Threats"

A central argument in the motion is that prosecutors have failed to meet the Supreme Court's legal standard for a "true threat" — which requires evidence that the speaker intended to engage in violence. The filing points to Trump's own statements, including his characterization of lawmakers who urged military disobedience as guilty of "treason" punishable by death, as examples of rhetoric that goes further than Comey's seashell photo.

"Forcing Mr. Comey to stand trial for a statement opposing the President — even if he is ultimately acquitted — would itself be an unconstitutional punishment of free speech," the filing says. Comey is expected to plead not guilty at a scheduled arraignment next month in North Carolina. His attorneys say the motion is the first in "a series of anticipated efforts" to have the case dismissed before trial.

The case is widely seen as part of a broader pattern of the Trump administration targeting political critics through legal and regulatory mechanisms. Comey is among a list of former officials, journalists and political figures who have faced legal or professional pressure since Trump returned to office.