The U.S. Justice Department has cited a novel written by former FBI Director James Comey as evidence that he intended a May 2025 social media post to be understood as a threat against President Donald Trump. Prosecutors filed documents in court late Tuesday arguing that the plot of Comey’s legal thriller, "FDR Drive," contains parallels to his real-life actions. The filings were made in response to Comey’s motion to dismiss criminal charges of threatening the president and transmitting a threatening communication.
The case centers on an Instagram post from 15 months ago showing seashells arranged on a beach to form the numbers "86 47." The term "86" is slang for removing or expelling something, and Trump is the 47th U.S. President. Prosecutors stated that Comey released his book, which features a character using coded language to encourage followers to target political opponents, just days after making the post. Comey has denied wrongdoing, stating he viewed the shells as a political statement and was unaware the numbers could be associated with violence.
Federal prosecutors also alleged that Comey may have used the controversy to generate publicity for his book. They cited a text message Comey reportedly sent to his agent stating that the attention was "not my intention, but I’ll be OK if it sells books." Comey’s defense team has argued that the prosecution is vindictive and violates his free-speech rights. They also presented evidence that the FBI was unable to prove Comey knew of a violent interpretation of "86" through his past work prosecuting organized crime.
The scale of the case involves two federal charges brought by the Justice Department under the Trump administration. If the case proceeds, it sets a precedent for how former high-ranking government officials are held accountable for public communications that law enforcement officers claim could incite violence. While the specific number of people directly affected is limited to the legal teams and the defendant, the outcome could influence how 423 million monthly active Instagram users or other social media participants phrase political dissent.
The concrete day-to-day change for Comey includes the potential for trial and sentencing if his motion to dismiss is denied. For other citizens, a ruling in this case may clarify what types of coded language or numerical symbols are legally permissible in political protests. A person would notice this change if they were to face similar law enforcement scrutiny for using slogans like "86 47," which the source notes has been used by others as an anti-Trump protest slogan.
What happens next: The U.S. Justice Department has requested that a judge reject Comey's attempt to throw out the case. A decision on that motion to dismiss has not yet been announced. No specific trial date or deadline for the judge's ruling was provided in the report.