Former FBI Director James Comey filed several motions late Tuesday seeking the dismissal of federal charges that he threatened President Donald Trump. The indictment centers on a 2025 Instagram post showing seashells arranged to form the numbers "86 47," which prosecutors allege constitutes a threat against the life of the 47th president. Comey’s legal team argued in the filings that the prosecution is vindictive and selective, characterizing it as a response to his public criticism of the president.
The legal challenge follows a history of public disputes between the two men, beginning with the president's 2017 dismissal of Comey from the FBI. While the former director has publicly described the president as "unfit," the president has frequently suggested that Comey should face criminal prosecution for his actions during the 2016 Russia investigation. A previous indictment against Comey for allegedly lying to Congress was dismissed in early 2024 because the presiding judge ruled the prosecutor had been unconstitutionally appointed.
In the new filings, Comey’s attorneys accused the U. S. Secret Service of conducting warrantless electronic surveillance by "pinging" Comey’s phone to track his location in early 2025. Internal communications included in the motion show some Secret Service personnel questioned the legality of the tracking, noting they did not believe anyone was in immediate danger at the time. The defense also requested a Franks hearing—a proceeding to determine if law enforcement provided false information to obtain search warrants—alleging that affidavits used to search the digital accounts of Comey and his wife contained material falsehoods.
The scale of the investigation involves multiple federal agencies, including the FBI and the Secret Service, and focuses on events spanning several states, including North Carolina and Virginia. Residents and federal employees would notice the precedent set by how the Department of Justice (DOJ) handles speech that uses coded language, such as the restaurant slang "86" meaning to remove or eject. The defense argues that applying criminal threat statutes to such ambiguous social media posts could change how thousands of citizens interact online regarding public figures.
The proceedings also involve the examination of internal government surveillance protocols. A ruling in favor of Comey regarding the "pinging" of his cell phone would clarify when the Secret Service can use "emergency" exceptions to the Fourth Amendment, which protects citizens against unreasonable searches and seizures. The case is currently scheduled for an arraignment on September 30, 2025, in New Bern, North Carolina, where a judge will likely set a schedule for arguments on these motions to dismiss.