Former FBI Director James Comey filed motions to dismiss federal charges accusing him of threatening President Trump. Late Tuesday, Comey’s legal team argued the indictment represents a move to penalize him for criticizing the president, claiming misconduct by the government.
The filing, which includes a detailed list of mutual insults exchanged between Trump and Comey over nine years, argues the prosecution is both vindictive and selective. Comey’s legal team requested the suppression of evidence obtained through warrants on Comey’s accounts and asked for the disclosure of grand jury proceedings that led to the indictment.
Comey’s attorneys contended that the government targeted him due to animosity from President Trump, emphasizing that actions were prompted by the president’s urgings and a successful motion to dismiss a prior indictment against Comey. The Justice Department refuted claims that Comey was singled out over his political stance.
The motion included allegations that the U.S. Secret Service conducted unauthorized electronic surveillance on Comey, shortly after his Instagram post which featured seashells arranged as “86 47.” These numbers were allegedly interpreted as a threat against Trump, the 47th president.
According to filings, Secret Service discussions involved tracking Comey’s phone location without legal justification. Some personnel expressed skepticism about this tactic. Comey’s legal documents showcased internal discussions and Verizon location requests due to an “emergency” situation. His journey from North Carolina to Virginia was cited.
An unnamed Secret Service official reportedly stated, “We did not believe that anyone’s life was in immediate danger and legally it was a bad idea to ping the phone.” These details, backed by discovery provided by the government, emerged from an affidavit filed by Comey’s attorney, Patrick Fitzgerald.
Comey’s legal team also requested a Franks hearing to determine if the government misled the magistrate judge who approved the search warrants. The affidavits allegedly omitted known facts and misled with falsehoods, implying obstruction by Comey’s lawyer and wife. Comey’s legal team questioned the credibility of a witness cited in the search warrants who had been estranged from Comey for two years.
This witness initially dismissed the “86 47” post as a comment about restaurant slang, only linking it to a threat after a Giuliani podcast episode. FBI searches in databases related to Comey’s past cases produced inconclusive results. Interrogations of figures like Salvatore “Sammy the Bull” Gravano found no links between “86” and any discussions with Comey.
The recent filings follow Comey’s urging to dismiss the indictment on separate grounds, arguing it violates First Amendment rights. The “86 47” phrase at the core of the charges was neither a true threat nor violence encouragement, according to Comey.
Comey was previously indicted last year for lying to Congress in 2020. That case was dismissed, as the prosecutor securing the indictment was unconstitutionally appointed. Comey faces arraignment on charges of threatening to kill the president on September 30 in North Carolina.
The criminal charges stem from a longstanding conflict between Comey and Trump, originating from Comey’s firing by Trump in 2017. Comey criticized Trump as “morally unfit” while Trump labeled Comey a “dirty cop.”
In May 2025, Comey posted a photo on Instagram of seashells arranged as “86 47.” The meaning was unclear but “eighty-six” often signals removal or elimination, and Trump is the 47th president. Trump and his allies claimed Comey’s post was a threat; Comey denied this, asserting he found the arrangement coincidentally and wasn’t advocating violence. He deleted the post to distance himself from any threat.
The Secret Service launched an investigation, interviewing Comey. Charges emerged a year later, announced by Acting Attorney General Todd Blanche in April. Comey seeks dismissal based on selective and vindictive prosecution, highlighting the availability of “86 47” merchandise online and contrasting the lack of similar prosecutions. Communications between Comey’s legal team and the Justice Department revealed pressure due to politically motivated prosecution requests.
Blanche insisted Comey’s prosecution was neither politically driven nor initiated by Trump, citing local prosecutors in North Carolina as leading the case. He emphasized the seriousness of threats against the president, criticizing any dismissive attitudes towards such threats.