Federal prosecutors in North Carolina filed responses on Tuesday opposing two key defense motions from former FBI Director James Comey, asking the court to reject his bid to suppress search warrants and dismiss the case as a vindictive or selective prosecution.
The charges stem from Comey’s May 15, 2025, Instagram post of seashells arranged as “86 47” while he stayed at a beach house in Emerald Isle. The caption read “Cool shell formation on my beach walk.”
Prosecutors argue the post could be understood as meaning “kill President Trump” or “get rid of President Trump.” They note that two minutes before the post, Comey’s wife texted him a definition of “86” as “to get rid of or refuse service.” Slang sources cited in the filings, including Cassell’s Dictionary of Slang, also list “to kill” or “to murder” as meanings of “86.”
Prosecutors say U.S. Attorney Ellis Boyle made the decision to seek the indictment. They state no one ordered or even suggested that Boyle pursue the investigation or seek charges. Boyle only discussed the charging decision with the attorney general the day before presenting it to a grand jury so Main Justice would be aware of possible publicity.
The government also points to the fact that Comey’s novel FDR Drive was set for release five days after the post. In the book, a far-right media figure uses coded online messages to get followers to attack his political enemies. Prosecutors note texts between Comey and his agent after the post went viral in which Comey wrote, “Not my intention, but I’ll be OK if it sells books.”
Comey has argued the post was not a true threat and that the prosecution was driven by political pressure. Prosecutors reject both claims, saying the warrants for his Apple and Google accounts were properly supported and that he has not shown the intentional or reckless false statements needed for a Franks hearing. They ask the court to deny both motions in full.
