WASHINGTON — Former FBI Director James Comey has asked a federal judge to dismiss criminal charges accusing him of threatening President Donald Trump through a social media post, arguing that the case targets constitutionally protected political speech rather than a genuine threat.
In a motion filed in federal court, Comey's lawyers contended that an Instagram photograph showing seashells arranged to read "86 47" did not constitute a "true threat" and therefore is protected under the First Amendment. Federal prosecutors allege the post threatened Trump, the 47th U.S. president, and have charged Comey with threatening the president and transmitting a threat in interstate commerce.
The defense argued that the phrase has multiple meanings in common usage and that no reasonable person would interpret the image as a serious expression of an intent to commit violence. According to the filing, the indictment improperly criminalizes political expression and seeks to punish speech critical of the president.
Comey removed the post after criticism emerged over its possible interpretation. He has previously said he was unaware some people associated the phrase with violence and that he opposes violence in any form.
The Justice Department has maintained that the social media post amounted to a prosecutable threat against the president and secured an indictment earlier this year. Prosecutors argue the image would reasonably be understood as a threat to Trump's life, an assertion Comey's legal team disputes.
In separate court filings submitted after the dismissal motion, Comey's attorneys also accused investigators of misconduct during the investigation, alleging officials omitted key information, made false statements in court submissions and pursued an investigation driven by political considerations. The government has not publicly responded in court to those allegations, which remain contested.
The case is the latest legal confrontation involving Comey, who has had a long-running public feud with Trump dating back to his dismissal as FBI director in 2017. Defense lawyers have argued that the prosecution reflects retaliation against a prominent political critic, while the Justice Department has proceeded with the case under federal threat statutes.
The federal court has not yet ruled on Comey's request to dismiss the indictment. Unless the charges are thrown out or otherwise resolved, the case is scheduled to proceed toward trial later this year.
