James Comey’s Legal Battle Over Charges of Threatening President Trump

Former FBI Director James Comey filed motions to dismiss federal charges related to accusations of threatening President Trump. The charges stem from an Instagram post where Comey displayed seashells arranged as ’86 47.’ Comey contends this charge as part of a longstanding attempt to penalize him for his outspoken criticism of the president.

The motions include a detailed spreadsheet showing the history of exchanges between Trump and Comey over the years. Comey’s legal team asserts this indictment is an example of vindictive and selective prosecution. They have requested the court to exclude evidence obtained from warrants on Comey’s accounts and to reveal grand jury procedures leading to his indictment.

The government has singled out Mr. Comey for prosecution because of the President’s animosity towards him and his prior protected speech, argue his attorneys.

The Justice Department denies targeting Comey for his political opinions.

Comey also alleges unauthorized surveillance by the Secret Service, prompted by a DOJ official, post his 2025 Instagram post. Secret Service communications reveal internal doubts about ‘pinging’ Comey’s phone without a warrant, despite orders to do so under the pretext of an emergency as Comey traveled between North Carolina and Virginia.

His lawyers filed an affidavit revealing these alleged surveillance activities, highlighting skepticism among Secret Service personnel and requests made to Verizon for location information. An unnamed official expressed legal concerns during an internal conversation.

James Comey seeks a Franks hearing to ascertain if misleading information influenced the magistrate judge’s approvals of search warrants related to his and his wife’s digital accounts. His legal arguments claim omissions and falsehoods, insinuating obstruction by his wife and lawyer, led to search warrant approvals.

The defense notes that a crucial witness against Comey held bias and provided dubious information. The witness conceded estrangement from Comey during interviews. Initially, the ’86 47′ reference was thought to involve restaurant slang. This changed following exposure to Rudy Giuliani’s podcast, according to Comey’s filings.

Further, an internal FBI review in 2025 traced ’86’ in cases connected to Comey, yielding no substantial results. Inquiries with figures like Salvatore ‘Sammy the Bull’ Gravano also yielded no confirmations of ’86’ being discussed by Comey.

Comey called for the charges against him to be dismissed, arguing they’re an infringement on his First Amendment rights, dismissing the ’86 47′ expression as a serious threat to President Trump.

Previously, in an unrelated 2020 incident, Comey faced charges of lying to Congress, which were later dismissed due to procedural issues with the prosecutor’s appointment. His arraignment on the current charges is scheduled for September 30 in North Carolina.

This indictment follows a protracted disagreement between Trump and Comey since Comey’s 2017 dismissal by Trump. This conflict witnessed public denouncements on both sides, with Comey labeling Trump ‘morally unfit’ and Trump calling Comey derogatory terms.

In May 2025, Comey shared an Instagram post of seashells arranged as ’86 47.’ This post led to allegations of threatening Trump, which Comey refuted, claiming nonviolence and believing the arrangement was innocuous. He later removed the post.

The Secret Service’s ensuing investigation was low-profile until Acting Attorney General Todd Blanche announced related charges against Comey.

Comey’s lawyers contend the charges reflect political expediency, noting the prevalence of merchandise with political messages like ’86 47,’ a nod to Trump as the 47th president, or ’86 46′ as a reference to President Joe Biden. These materials remain unchallenged by authorities.

Comey’s defense provided emails to argue the charges arose from political pressure, showcasing communications from a Secret Service official asking for updates while on Air Force One with Trump.

Todd Blanche, clarifying CBS News’ queries, reiterated no political motives in Comey’s prosecution, highlighting involvement by North Carolina prosecutors. Blanche dismissed the notion of presidential directive in the indictments.