Former FBI Director James Comey’s legal team argued in a North Carolina federal court that continuing a prosecution based on “seashells” accusations threatens fundamental constitutional rights. They assert that President Trump has motivated this legal action to penalize Comey for his expression and due to Trump’s long-standing hostility.
Comey’s attorneys presented a motion to dismiss the case, claiming it lacks a legitimate legal basis. They contend the case violates two primary legal principles. First, it targets Comey’s protected speech. Second, it reflects selective prosecution by the government.
The legal team noted that dismissing federal charges under these principles is unusual. Traditionally, the Department of Justice has maintained independence to prevent criminal proceedings from retaliating against political adversaries. According to Comey’s team, the prosecution represents a significant departure from this standard.
Besides seeking dismissal, Comey’s legal representatives requested access to grand jury records. They argue that irregularities in the indictment process challenge the usual presumption of regularity in grand jury proceedings.
Previously, Comey’s lawyers argued against the charges, claiming that an Instagram post cited by the Trump administration does not constitute a genuine threat. They highlighted inconsistencies in interpreting the message, referencing dictionary definitions, context, and common sense.
An undisclosed Justice Department official previously labeled the case against Comey as unsound and resource-wasteful, predicting its dismissal before going to trial. They expressed disapproval, saying, “No reasonable person could believe that Comey intended to threaten the president via seashells.”
Acting Attorney General Todd Blanche and FBI Director Kash Patel publicly announced charges against Comey on April 28. The case is currently under U.S. District Judge Louise Flanagan’s supervision.
In the event the case reaches trial, arraignment is set for September 30, with the trial beginning on October 21 in New Bern, North Carolina.
The case was initiated by Matthew Petracca, a rookie federal prosecutor under U.S. Attorney W. Ellis Boyle. Petracca, with limited federal criminal experience, was promoted shortly before the case commenced. He has since transitioned to the Civil Division. Assistant U.S. Attorney Timothy Severo now leads the prosecution.
Comey’s legal team similarly argued indifference and selective prosecution in a previous lawsuit filed by Lindsey Halligan, a former White House aide. They included a lengthy list of derogatory statements made by Trump against Comey from 2017 to 2025. However, the court invalidated that case as Halligan lacked the authority to hold the position she claimed.