NEW BERN, North Carolina — Former FBI Director James Comey is asking a federal judge to dismiss charges alleging that his “86 47” seashell photograph threatened President Donald Trump, arguing investigators distorted evidence and omitted facts while obtaining warrants.
Comey’s attorneys filed motions accusing the Trump administration of pursuing a selective and vindictive prosecution against a longtime presidential critic. They also requested a Franks hearing, which would determine whether investigators knowingly or recklessly submitted misleading information in warrant affidavits.
The dispute centers on a May 2025 Instagram photograph showing seashells arranged as “86 47.” Prosecutors allege “86” communicated a threat against Trump, the 47th president. Comey said he interpreted the phrase as meaning to remove or reject someone and deleted the post after learning others viewed it as violent.
Defense attorneys said investigators interviewed former mobster Salvatore “Sammy the Bull” Gravano to establish that “86” could mean murder. However, Gravano reportedly said he never discussed the phrase with Comey and suggested criminals would avoid using terminology already understood by law enforcement.
The defense also alleges a witness initially understood “86” as restaurant terminology before adopting a violent interpretation after hearing Rudy Giuliani discuss it online.
The Justice Department has maintained that witnesses and documentary evidence will establish Comey’s intent. His trial is currently scheduled for October 21.
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