🔥 Trending James Comey's Legal Team Argues for Dismissal of Charges

Former FBI Director James Comey has filed motions in late July 2026, seeking to dismiss federal charges accusing him of threatening former President Donald Trump. The charges stem from an Instagram post by Comey featuring seashells arranged to spell "86 47" ¹²³.

Background of the Indictment

Comey was indicted on two federal charges related to the Instagram post. Prosecutors allege that the "86 47" message constituted a threat against President Trump's life ³⁶. The number "86" is often used in slang to mean "get rid of" or "kill," and "47" is believed to refer to the 47th President of the United States, which Trump would be if he were to win the 2024 election ⁷.

Comey's Arguments for Dismissal

Comey's legal team has put forth several arguments in their motions to dismiss the indictment:

1. Vindictive and Selective Prosecution

Comey's attorneys argue that the indictment is an example of "vindictive and selective prosecution" orchestrated by the Department of Justice (DOJ) under the influence of former President Trump ⁴⁵. They assert that the charges are politically motivated and designed to target Comey due to his past disagreements with Trump ⁴⁵.

2. No "True Threat"

The defense contends that the Instagram post, while potentially political commentary, does not constitute a "true threat" under the law ⁷. They argue that "86 47" is a well-known political slogan and that Comey's post was an exercise of his free speech rights, not a genuine threat of violence ⁷.

3. Allegations of Illegal Surveillance

In a significant development, Comey has also claimed that the DOJ ordered illegal surveillance in connection with the charges against him ¹. This allegation is part of his broader argument that the prosecution has been improperly conducted ¹.

Current Status

The motions to dismiss were filed in federal court in North Carolina ⁴⁸. These filings represent Comey's first formal attempt to have the federal charges against him thrown out ⁸. As of late July 2026, the court is reviewing these motions, and a decision is pending.