[REVISION HISTORY]

James Comey seashell threat case update

Updated 11 times since CLSTR started tracking revisions of this situation.

What changed

2026-08-26 03:25 UTC → 2026-09-15 10:21 UTC · added ~~removed~~

In late July 2026, former FBI director James Comey filed a federal motion to dismiss a two-count indictment accusing him of threatening President Donald Trump with an Instagram post of seashells spelling ‘86 47.’ Comey’s counsel maintains the image is a political slogan—“86” meaning “get rid of” and “47” referring to Trump as the 47th president—rather than a true threat, and argues the prosecution violates his First Amendment rights. The defense renewed the dismissal request and sought a Franks hearing, alleging prosecutorial misconduct, including the omission of key facts and a vindictive, selective prosecution motivated by presidential animus. Court filings released in August 2026 revealed an FBI search warrant affidavit showing that two minutes before Comey uploaded the Instagram photo, his wife, Patrice Comey, sent him a Google screenshot defining “86” as nonviolent restaurant slang meaning an item is out of stock. The defense characterizes this text as “benign,” maintaining it supports Comey’s claim of innocence by providing a non-violent context. Defense attorneys further noted there were two separate searches: an initial search for the restaurant definition prior to the post, and a subsequent search conducted after the post drew public backlash. The Justice Department has defended the indictment, arguing there is “no serious dispute” that the post could be interpreted as a ~~threat. Prosecutors suggest the post~~ threat, and suggesting it was an attempt to promote Comey’s forthcoming novel, ‘FDR ~~Drive,’ which depicts a character inspiring followers to attack political enemies. Free speech organization PEN America has criticized this strategy, with legal director Mara Gassmann describing~~ Drive.’ In September 2026, U.S. District Judge Cameron McGowan Currie dismissed the ~~use of fiction to sustain~~ case, ruling that the ~~indictment as a ‘desperate Hail Mary.’ Additionally, filings reveal~~ prosecutor who secured the ~~FBI interviewed Salvatore ‘Sammy~~ indictment, Lindsey Halligan, was unlawfully appointed. The DOJ is now appealing this decision to the ~~Bull’ Gravano,~~ Fourth Circuit Court of Appeals, arguing that Halligan’s appointment was lawful and that the 120-day limit for interim appointments should reset with a ~~former Gambino crime family underboss.~~ new appointee.

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