Former FBI Director James Comey has taken fresh legal steps to counter federal charges accusing him of threatening President Trump by posting an image of seashells arranged as “86 47.” Comey argues that the charges stem from years of attempts to penalize him for his criticisms of the president. His legal team claims the indictment should be dismissed due to selective and vindictive prosecution.
A 76-page document has been filed, outlining mutual insults exchanged between Comey and Trump over nine years. Comey’s attorneys argue the prosecution follows presidential animosity, intensified by Comey’s previous success in dismissing another indictment. They assert that the Justice Department acts under Trump’s influence, though the department denies political bias.
Additionally, Comey accuses the U.S. Secret Service of unauthorized electronic surveillance, citing discussions among Secret Service staff about tracking Comey’s phone. Official messages reveal skepticism about the legality of such actions, especially when no immediate threat was perceived.
Comey’s lawyer, Patrick Fitzgerald, has requested a Franks hearing to determine if the government misled magistrates who approved warrants for Comey’s digital accounts. The affidavits are believed to have omitted facts and contained material falsehoods. This includes the supposed involvement of Comey’s wife and a biased witness.
The search for terms related to “86” in FBI databases, including past cases Comey prosecuted, yielded inconclusive results. Inquiries with individuals like former mobster Salvatore “Sammy the Bull” Gravano also provided little clarity as Gravano remembered “86” as a phrase meaning “to kill,” yet doubted discussing it with Comey.
Comey sought to dismiss the indictment by arguing that his Instagram post is a protected exercise of free speech and does not constitute a true threat against Trump. Last year, he faced separate charges of lying to Congress, which a Virginia judge dismissed due to the unconstitutional appointment of the prosecutor. Comey is set to be arraigned on charges of threatening Trump on September 30 in North Carolina.
The proceedings follow a lengthy feud between Trump and Comey dating back to Comey’s firing in 2017. Comey has strongly criticized Trump, who in turn, accused Comey of corruption. The Instagram post in question involved seashells forming “86 47,” with “86” implying “eject,” linked to Trump’s presidency as the 47th president.
Subsequent accusations by Trump led to a Secret Service investigation, and Acting Attorney General Todd Blanche announced charges the following April. For a claim of selective prosecution, evidence is needed to show discriminatory reasons for charging and differential treatment compared to others. Vindictive prosecution claims require proving charges stem solely from animus.
Comey’s legal team highlighted the lack of government action against widespread online merchandise displaying “86 47” or “86 46” slogans, implying a double standard. They contend Trump’s constant calls for Comey’s prosecution underline politically motivated charges. Emails on the day of Comey’s Secret Service interview reveal Trump officials’ keen interest in the investigation outcomes.
Blanche dismissed allegations of political motivations behind Comey’s prosecution, affirming the use of local prosecutors in North Carolina. He emphasized the importance of addressing any perceived threats against a sitting president.