James Comey defense seeks dismissal of DOJ case over Instagram post

A motion to dismiss the case against former FBI Director James Comey has been filed, centering on a legal dispute over an Instagram post featuring seashells arranged to read “86-47”. The U.S. Department of Justice alleges the post constituted a threat against President Donald Trump, arguing that in organized crime contexts, “86” can mean to kill someone.

Comey’s defense team, which includes former U.S. Attorney Pat Fitzgerald, contends that the term “86” is commonly used in the restaurant industry to mean canceling an order or clearing plates. Legal experts have noted that while the government sought to link the term to criminal activity, they have struggled to prove Comey intended to suggest violence. Notably, prosecutor John Gleeson, who handled numerous Mafia cases, stated he had never heard the term used to mean “kill” during his career.

The prosecution's efforts included searching for evidence of criminal slang and attempting to tie the term to a 1993 case. However, critics and legal analysts suggest the case faces significant challenges regarding the intent and the widely accepted alternative meanings of the numbers used.