Citing ‘common sense,’ James Comey’s team urges judge to toss seashells case

Justice DepartmentCiting ‘common sense,’ James Comey’s team urges judge to toss seashells caseAttorneys for the former FBI director say the indictment secured by the Trump administration “targets and chills core political speech and fails as a matter of law.”Listen to this article with a free profile00:0000:00A federal grand jury returned an indictment charging former FBI Director James Comey over an Instagram photo he posted of seashells spelling out "8647."@comey via Instagram; Getty ImagesShareAdd NBC News to GoogleJuly 27, 2026, 1:30 PM EDTBy Ryan J. ReillyAttorneys for James Comey have asked a federal judge to dismiss the seashells-based prosecution of the former FBI director, arguing that “dictionaries, context, precedent, and common sense” gut the Trump administration’s claim that a photo he posted on Instagram could possibly constitute an actual threat against President Donald Trump. If the case were to survive the legal challenges, it would go to trial in October. Comey was indicted by a grand jury in the Eastern District of North Carolina in April. Prosecutors argued that an image he posted online of seashells grouped in the formation of the numbers “86 47” was a threat against the president. Matthew Petracca, a rookie federal prosecutor and former Republican official who first brought the case, has since moved off the case.The term “86” is widely understood to be a restaurant term meaning to be out of something. Trump is the 47th president. Comey’s team argued in a court filing Monday that no reasonable person aware of the relevant context would read the phrase as a suggestion of violence and that — even if it could be read that way — “a reasonable observer would still understand Mr. Comey’s post as mere political hyperbole, not a true threat.” Add NBC News to GoogleHallie Jackson interviews former FBI Director James Comey12:20“The Supreme Court has rejected threats prosecutions based on speech far more directly threatening than Mr. Comey’s seas...