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Federal prosecutors are vigorously defending their criminal case against former FBI Director James Comey, contending that an Instagram post featuring seashells arranged in a numerical pattern poses a credible threat against President Donald Trump. In court filings submitted Tuesday, the government argued there is substantial factual basis for interpreting the May 2025 social media image as incitement to violence, citing the numerical arrangement and the context surrounding its publication.
The Justice Department challenged Comey’s explanation that he discovered the seashells in the “86 47” configuration during a beach walk in North Carolina. Prosecutors questioned the plausibility of his account, noting the shells were located approximately 4 miles from where Comey was staying and in an area separated from the ocean by a sand dune, with no evidence that others had observed or arranged them.
Comey’s legal team has mounted an aggressive defense, alleging that investigators misled judges, submitted false statements in documents, and withheld critical evidence. The defense contends the government cannot establish that Comey intended to threaten Trump or possessed knowledge that the number 86 could suggest violence.
The government asserted the post should be evaluated within a broader context of assassination plots and attempts against Trump preceding and following Comey’s Instagram message. Prosecutors also highlighted that Comey’s publishing agent texted him about the post “going viral,” to which Comey reportedly responded that viral attention would help book sales.
Comey’s lawyers characterize the indictment as part of a vindictive campaign by Trump against a prominent critic. They note Trump dismissed Comey as FBI director in 2017 while the agency investigated potential connections between Trump’s 2016 campaign and Russia, with the president subsequently calling for his imprisonment.
The Justice Department denied accusations of political motivation, stating the decision to prosecute emerged from the regional U.S. attorney’s office without direction from the president or attorney general. This marks the second indictment against Comey within a year.
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