June 1, 2026

Federal Prosecutor Steps Down in James Comey Case

The federal prosecutor leading the Department of Justice’s criminal case against former FBI Director James Comey has stepped down. This update comes from a recent court filing in the Eastern District of North Carolina.

Prosecutor Substitution

Matthew Petracca, the previous lead attorney, will be replaced by Assistant U.S. Attorney Timothy Severo. The filing, submitted by U.S. Attorney Ellis Boyle, asked for Petracca’s removal but did not explain the decision. Petracca, a relatively new hire for the role, has also recently stepped down from other cases in the district.

Charges Against Comey

James Comey faces two federal charges, which could lead to a 10-year prison sentence. The charges stem from an Instagram post of seashells spelling “86 47,” potentially suggesting harm to President Donald Trump, the 47th president. The numbers “86” and “47” have connotations linked to illicit activities and political messages.

Acting Attorney General Todd Blanche emphasized the serious nature of the threat against the president. He warned that raising tensions and threatening elected officials is unacceptable.

Controversial Post

Comey defended his actions, claiming the post was a political statement without harmful intent. He denies encouraging violence or making a veiled threat.

FBI Director Kash Patel criticized Comey’s use of social media, stressing the implications of such a high-profile figure making inflammatory posts. The case is being prosecuted in North Carolina, the site where the seashell image originated.

Legal Implications

Constitutional law expert Jonathan Turley suggested that charging Comey for the Instagram post could face First Amendment challenges. He argued the post itself is likely protected speech unless further evidence emerges.

The case’s progression includes a scheduled trial for October, after a delay was granted by U.S. District Judge Louise Wood Flanagan.

Comey claims the prosecution is politically motivated and pledges to continue advocating for what he sees as threats to the rule of law. Ellis Boyle assured that all are held to the law equally in the Eastern District of North Carolina.

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