Prosecutors Argue Comey’s ‘86 47’ Seashell Photo Could Be Read As Threat to Trump; DOJ Defends Indictment

The Justice Department is defending its prosecution of former FBI director James Comey, arguing that an Instagram photo he posted in May 2025 — seashells arranged to read "86 47" — could reasonably be interpreted as a threat directed at President Donald Trump.

Prosecutors' Case

In filings submitted late Tuesday, prosecutors said there is "no serious dispute" that an objective viewer could read the image as a call to violence against the 47th president. They noted that the number sequence "86 47" can be understood as "86" (commonly defined as "to throw out," "to get rid of" or "to refuse service to") followed by "47," and pointed to the broader context of recent threats and plots targeting Mr. Trump.

FILE - The U.S. Department of Justice logo is seen on a podium before a news conference, May 4, 2026, in Washington. (AP Photo/Julia Demaree Nikhinson, File)(AP Photo/Julia Demaree Nikhinson)

Prosecutors also highlighted a text message Comey received from his wife two minutes before the post that included a screenshot defining "86" as "to get rid of or refuse service." They linked the timing of the Instagram image to the imminent release of Comey’s novel, FDR Drive, and cited an exchange with his publishing agent in which the agent called the post "viral" and Comey replied, "not my intention, but I'll be OK if it sells books."

The government further questions Comey’s account that he happened upon the shells while walking on a North Carolina beach, saying the shells were located roughly 4 miles (about 6 kilometers) from the beachfront property where Comey was staying and were set back from the ocean by a sand dune. Prosecutors said there is "no evidence that anyone else arranged, photographed, or even saw the shells."

FILE - A portrait of President Donald Trump is displayed at the Justice Department building in Washington, June 2, 2026. (AP Photo/J. Scott Applewhite, File)(AP Photo/J. Scott Applewhite)

Defense Response

Comey’s lawyers argue investigators misled judges, submitted documents containing false statements, withheld material facts and failed to demonstrate that Comey intended a physical threat or knew the number "86" could imply violence. They say the slogan historically means "get rid of" or "eject," appears widely on consumer items and at protests, and that Comey deleted the post soon after realizing others might interpret it differently.

Defense counsel also frames the indictment — the second against Comey in a year — as part of a larger campaign of retribution by President Trump, who fired Comey as FBI director in 2017 while Comey was overseeing an investigation into possible ties between Mr. Trump’s 2016 campaign and Russia. Prosecutors and the Justice Department have rejected claims the prosecution was politically directed; the DOJ says the U.S. attorney in the jurisdiction made the charging decision, not the president or the attorney general.

Key Quote: "There is no serious dispute that an objective viewer of Comey's post could read it to mean 'Kill President Trump,'" prosecutors wrote in their filing.

The filings represent the government’s most detailed explanation to date of the indictment and were submitted in response to defense motions seeking dismissal on multiple grounds, including vindictiveness and whether the post constitutes a "true threat." The dispute now moves deeper into the courts as both sides press their arguments.