Comey's defense team asked a federal judge to dismiss the "seashells" prosecution, arguing it was motivated by political animus and infringes First Amendment protections. The defense invoked doctrines barring prosecutions based on protected speech and selective enforcement and separately sought grand jury records citing alleged irregularities. If the case continues, arraignment is set for Sept. 30 and trial is scheduled for Oct. 21 in New Bern, North Carolina.
Comey Legal Team Says 'Seashells' Prosecution Would Erode Core Free-Speech Rights, Seeks Dismissal and Grand Jury Records
A federal grand jury returned an indictment charging former FBI Director James Comey over an Instagram photo he posted of seashells spelling out a message about President Donald Trump last year. (NBC; @comey via Instagram)
Former FBI Director James Comey's legal team told a federal judge in North Carolina that allowing the prosecution tied to his so-called "seashells" social media post to proceed would undermine fundamental First Amendment protections and long-standing DOJ norms.
In a motion filed Tuesday, members of Comey's eight-attorney defense team asked U.S. District Judge Louise Flanagan to dismiss the case, arguing it is "not based on a good-faith application of the law to the facts; instead, it effectuates a yearslong campaign by the President to use the criminal process to punish Mr. Comey for his protected speech and because of the President's deep-seated animosity."
Defense Seeks Dismissal On First Amendment And Selective-Prosecution Grounds
The lawyers say the charges should be dismissed under two core doctrines: first, that the prosecution was initiated because of Comey's constitutionally protected speech, and second, that the government engaged in selective prosecution. The motion emphasizes that dismissals on these grounds are rare and that the case marks a departure from the Justice Department's historical independence.
"Dismissal of federal criminal charges under these doctrines has historically been rare. That is because for decades the DOJ's independence and integrity have guarded against the use of the criminal process to punish enemies or settle political scores," the defense wrote.
Grand Jury Records And The '8647' Post
Comey's team also filed a separate motion seeking disclosure of grand jury records, contending that irregularities surrounding the return of the indictment overcome the usual presumption of regularity for grand jury proceedings.
Separately, the defense argued that Comey's Instagram post — which included the numbers "8647" alongside a seashell image — did not amount to a true threat. They say "dictionaries, context, precedent, and common sense" undercut the Justice Department's interpretation of the numbers.
Acting Attorney General Todd Blanche, flanked by FBI Director Kash Patel, left, and W. Ellis Boyle, the U.S. attorney for the Eastern District of North Carolina, announces charges against Comey on April 28. (Tasos Katopodis / Getty Images)
Background, Timeline And Personnel
A Justice Department official who was not authorized to discuss the matter told NBC News that the case was a "complete loser" and a "waste of resources," predicting it would be dismissed before trial and adding, "No reasonable person could believe that Comey intended to threaten the president via seashells."
Acting Attorney General Todd Blanche publicly announced charges on April 28, flanked by FBI Director Kash Patel and W. Ellis Boyle, the U.S. attorney for the Eastern District of North Carolina. Judge Louise Flanagan is presiding over the case. If the matter survives pretrial rulings, Comey would be arraigned on Sept. 30 and a trial is scheduled to begin Oct. 21 in New Bern, North Carolina.
The prosecution was initially brought by Matthew Petracca, a relatively junior federal prosecutor and former Republican official from New Jersey, acting under the U.S. attorney's office. Petracca was formally made an assistant U.S. attorney on April 26, two days before the indictment, and later withdrew from the case and was reassigned to the Civil Division. Assistant U.S. Attorney Timothy Severo now leads the prosecution.
Related Litigation
Comey's team previously raised similar claims of vindictiveness and selective prosecution after former White House aide Lindsey Halligan filed a separate case related to testimony Comey gave in 2020. That matter included a detailed compilation of statements by the then-President from May 2017 through fall 2025. In the Halligan case the judge did not rule on the selective-prosecution arguments, instead dismissing that case on the ground Halligan lacked the legal authority she claimed.
This report is based on filings and public statements in the case and reporting by NBC News.
Help us improve.
