US DOJ Defends Prosecution Of Ex-FBI Director Over Alleged Trump Threat

The US Department of Justice has defended its prosecution of former FBI Director James Comey over a social media post featuring seashells arranged to read “8647”, arguing that the image could reasonably be understood as a threat against President Donald Trump.

In a court filing, federal prosecutors said there was “no serious dispute” that the post could be interpreted by viewers as a message calling for violence against Trump.

The government’s case centres on a photograph Comey posted on Instagram in May 2025 showing seashells arranged in the formation “86 47”. Prosecutors argue that “86” can be used as slang for getting rid of someone or, in some contexts, killing them, while 47 refers to Trump as the 47th US president.

Comey deleted the post shortly after publishing it and has denied that he intended it as a threat. He has said he found the shells arranged that way during a walk on a beach and did not anticipate that the numbers would be interpreted as a call for violence.

The former FBI director was indicted in April on charges of making a threat against the president and transmitting a threatening communication in interstate commerce.

In seeking to have the charges dismissed, Comey’s lawyers have argued that the post constituted protected speech under the First Amendment and did not amount to a “true threat”. They have also accused the Justice Department of pursuing the case for political reasons because of Comey’s longstanding conflict with Trump.

The defence has argued that the meaning attributed to “8647” is not inherently violent and that the government has failed to establish that Comey intended to threaten Trump.

The Justice Department rejected those arguments in its latest filing, maintaining that the prosecution was properly brought and was not driven by political retaliation.

Prosecutors also sought to distance senior Justice Department officials from the decision to charge Comey, saying the indictment was brought by the US attorney for the Eastern District of North Carolina rather than being directed by the department’s senior leadership.

The case has attracted significant attention because of Comey’s history with Trump. Trump dismissed Comey as FBI director in 2017 while the FBI was investigating Russian interference in the 2016 US presidential election.

Comey has since become a prominent critic of Trump, while Trump has repeatedly attacked the former FBI director.

The prosecution has therefore raised questions about whether the criminal case is based on an objectively threatening communication or whether it represents an attempt to punish protected political expression.

The dispute will ultimately turn on whether prosecutors can establish that Comey knowingly and willfully made a genuine threat against Trump, rather than simply expressing opposition through political speech.

Comey’s trial is currently expected to take place in October. The judge has yet to rule on his request to dismiss the charges.

The allegations against Comey remain unresolved, and he is presumed innocent unless proven guilty in court.