A former FBI director is facing charges of communicating threats and exploiting controversy to promote his new novel.
The U.S. Department of Justice (DOJ) defended the prosecution of former Federal Bureau of Investigation (FBI) Director James Comey after a social media post showing an array of seashells in “86 47” was shared on Instagram last year.
Federal prosecutors allege the post was a coded threat against US President Donald Trump.
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“There is no significant dispute that an objective observer of Mr. Comey’s (social media) posts could interpret them to mean ‘kill President Trump,'” prosecutors said in a court motion filed Tuesday in federal court.
Prosecutors also questioned Comey’s explanation that he was the victim of a “vindictive” and “selective” prosecution and that he simply happened to find a seashell with the numbers “86 47” on it while walking along a North Carolina beach.
Merriam-Webster, the dictionary used by the Associated Press, lists the entry for “86” as meaning “throw away,” “remove,” or “refuse service.” Mr. Comey’s lawyers said the slogan has long meant “banish” or “exclude” and is used on thousands of items sold online, while it has been regularly displayed at protests.
Trump is the 47th president of the United States, and prosecutors say the number 47 in Comey’s post refers to him.
Prosecutors also suggested that the former FBI director’s May 2025 Instagram post was an apparent ploy to sell copies of his upcoming novel, “FDR Drive.” In this novel, a prosecutor pursues a far-right social media figure who calls his rivals names and encourages his fans to commit violence.
Mr. Comey is charged with threatening the president and communicating threats in interstate commerce.
Shortly after the post sparked an outcry last May, Comey’s publishing agent allegedly said in a text message to Comey that the post “went viral,” according to government filings. Although Comey had no intention of doing so, he reportedly responded, “I don’t mind as long as the book sells.” The agent replied, “Music to the agent’s ears.”
Prosecutors also said that two minutes before the post was made, Comey’s wife allegedly texted him a screenshot of the definition of 86, which means “to exclude or refuse service.”
Comey deleted the post shortly after he began receiving backlash, saying he was unaware that some would interpret the numbers as a call to violence.
Tuesday’s court filing challenges Mr. Comey’s motion to suppress evidence obtained through an FBI search warrant and to release details of grand jury proceedings in his case.
Mr. Comey’s lawyers have argued that investigators in the case misled the judge, submitted documents containing false statements and withheld important facts in an unsuccessful effort to prove that Mr. Comey intended to physically intimidate or knew the number “86” could suggest violence.
Mr. Comey’s lawyers argued that the indictment, filed months after an earlier, unrelated case against him was dismissed, was part of Trump’s retaliatory campaign targeting one of the president’s most vocal critics.
Mr. Trump has long advocated prosecuting his political opponents, and had his sights set on Mr. Comey in particular early in his second term in the White House. The former FBI director led the early stages of an investigation into whether Trump’s 2016 presidential campaign faced collaboration with Russia.
As director from 2013 to 2017, Comey oversaw an investigation that angered both Democrats and Republicans during the 2016 campaign. President Trump then fired him in 2017 after serving just three and a half years of a 10-year term. Since then, Comey has remained a top target for Trump supporters seeking retaliation related to the Moscow investigation.
The move sparked major political fallout, with scrutiny over whether the firings were related to an FBI investigation into whether foreign actors actually interfered in the 2016 election.
After Comey’s sudden firing, special counsel Robert Mueller took over the Russia investigation. The investigation lasted nearly two years and revealed that Russia made a major effort to sway the 2016 election. Although no criminal conspiracy involving Trump or his team was ultimately proven, the incident has long haunted Trump, who denounced it as a “witch hunt.”
