James Comey’s Legal Team Accuses DOJ of Misconduct in Seashell Threat Case

James Comey seashell photo DOJ misconduct illegal surveillance "86 47" threat

Former FBI director James Comey was indicted in April for allegedly threatening President Donald Trump with an Instagram photo that showed seashells arranged to read “86 47.” The Justice Department says the numbers constitute a threat against the 47th president, a charge that carries up to ten years in prison.

Comey’s lawyers have filed motions seeking dismissal and a Franks hearing, arguing that prosecutors omitted key facts, distorted evidence, and pursued a vindictive, selective prosecution. They allege illegal surveillance, including “pinging” Comey’s cellphone without an immediate danger, and cite a Secret Service request to Verizon for location data.

The defense also interviewed former Gambino crime‑family underboss Salvatore “Sammy the Bull” Gravano about the slang term “86,” which he says gangsters use to mean killing someone and that he never discussed with Comey. Prosecutors reportedly consulted AI tools such as ChatGPT to interpret the phrase but received no definitive answer. The case is set for trial on October 21 in New Bern, North Carolina.

Entities: Department of Justice · Donald Trump · James Comey · Salvatore “Sammy the Bull” Gravano · Secret Service · United States Department of Justice

Claims

What the coverage asserts, and how well corroborated each claim is across sources.

[● 5 SOURCES] Salvatore “Sammy the Bull” Gravano said gangsters use the term “86” to refer to killing someone and that he never discussed the term with Comey. (All articles)
[● 2 SOURCES] The Department of Justice declined to comment on specifics of the case. (Articles cacfbcc7 and 142a6db9)
[● 4 SOURCES] Comey's lawyers allege prosecutors withheld key facts, distorted evidence, and engaged in illegal surveillance of his cellphone. (All articles)
[● 4 SOURCES] Comey filed motions seeking dismissal of the charges and requesting a Franks hearing to challenge the evidence. (All articles)
[● 4 SOURCES] The defense interviewed mafia informant Salvatore “Sammy the Bull” Gravano about the meaning of the term “86.” (All articles)
[● 2 SOURCES] Secret Service agents allegedly “pinged” Comey's phone and requested location data from Verizon without an immediate danger. (Articles cacfbcc7 and 142a6db9)
[○ 1 SOURCE] The case is being heard in federal court in New Bern, North Carolina, with a trial scheduled for October 21. (Article a389cd34)
[● 4 SOURCES] James Comey was charged with two felonies for a May 2025 Instagram seashell photo displaying “86 47” interpreted as a threat against President Donald Trump. (All articles (a389cd34, cacfbcc7, 06e9e03d, 142a6db9))
[● 6 SOURCES] Secret Service agents allegedly “pinged” Comey’s cellphone and requested location data from Verizon without an immediate danger.
[● 4 SOURCES] James Comey was charged in April with threatening President Donald Trump based on an Instagram post showing seashells arranged as “86 47”. (a389cd34-d276-4c7a-9631-b41036f896b9, cacfbcc7-0c2c-45f4-aec6-39b5fe006271, 16da8c2f-5c97-4658-8fd4-90615a75528c, 142a6d)
[● 3 SOURCES] The Department of Justice alleges the numbers “86 47” constitute a threat against Trump, the 47th president.
[● 2 SOURCES] The defense filed motions seeking dismissal and a Franks hearing to challenge the evidence.