The federal prosecutor in charge of the Justice Department’s criminal case against former FBI Director James Comey has stepped down. A recent court filing announced Assistant U.S. Attorney Timothy Severo as the new prosecutor, replacing Matthew Petracca. The change was confirmed in the Eastern District of North Carolina without an explanation for Petracca’s removal. Ellis Boyle, U.S. Attorney for the Eastern District of North Carolina, had only recently hired Petracca for this case.
James Comey faces federal charges linked to an Instagram post depicting seashells arranged to read ’86 47.’ This image is alleged to be a threat signaling potential harm to President Donald Trump, the 47th president. The prosecution claims the post meant ‘a serious expression of an intent to do harm’ and could fetch up to ten years in prison for Comey.
The number ’86’ is commonly used in the restaurant industry to mean removal or stoppage. Prosecutors and Trump contend it has more sinister implications, relating to assassination within mob circles.
Acting Attorney General Todd Blanche underscored the severity of the charges, highlighting the dangers of inciting violence against leading figures like President Trump. The two-count indictment accused Comey of threatening the president and transmitting a threat across state lines. ‘The temperature needs to be turned down,’ Blanche stated, emphasizing accountability for such threats.
Despite the allegations, Comey denies any intent to threaten, insisting the post was a mere political statement, not an incitement. FBI Director Kash Patel criticized Comey for posing such a threat publicly, knowing the impact and consequences of his actions.
The case is being prosecuted in North Carolina, where the seashells were photographed. Prosecutor Boyle emphasized that threats to public officials are regularly pursued and stressed the grand jury’s finding of probable cause to indict Comey.
NBC News reported Petracca’s exit from the case, noting he had considered leaving the Justice Department altogether but reversed his decision after a brief leave.
Constitutional law expert Jonathan Turley raised First Amendment concerns, suggesting the case could struggle to overcome free speech protections unless further undisclosed information arises.
Comey has framed the legal action as politically driven and continues to express concerns over perceived threats to the rule of law.