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Former FBI Director James Comey asked a judge late Tuesday to dismiss the case against him over sharing a photo of seashells spelling “86 47,” arguing it amounts to a selective and vindictive prosecution ordered by President Trump.
Another late night filing also asks for a Franks hearing — a bid to review whether law enforcement lied and withheld information when obtaining warrants related to Comey, a motion that if successful would bar some evidence from being used in the case.
The filing notes that the Trump administration has twice sought to bring criminal charges against Comey, and it accuses acting Attorney General Todd Blanche of bringing the latest case in an effort to secure a Trump nomination to lead the Department of Justice (DOJ) permanently.
“This is the second indictment that the DOJ has obtained against Mr. Comey in less than a year — both at President Trump’s direction,” Comey’s attorneys wrote in the filing.
“The ensuing indictment is not based on a good faith application of the law to the facts; instead, it effectuates a yearslong campaign by the President to use the criminal process to punish Mr. Comey for his protected speech and because of the President’s deep-seated animosity.”
The seashell case was brought in the Eastern District of North Carolina, where Comey visited a beach last year and shared a photo of the arranged seashells, something the Trump administration has argued was a clear threat of violence against the president.
Comey’s legal team on Monday asked the judge to dismiss the case for a lack of a “true threat,” writing that it amounted to political expression with no connotation of violence.
“To justify this prosecution, the indictment alleges that Mr. Comey’s ‘86 47’ post constitutes a ‘true threat’ on the President’s life. That claim is contradicted by every possible source of meaning: dictionaries, context, precedent, and common sense,” Comey’s attorneys wrote in the filing.
“‘86’ simply means ‘get rid of’ or ‘eject’ and has no violent connotation except in the most uncommon usages.”
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