Federal prosecutors have asserted that a social media post by former FBI Director James Comey, featuring seashells arranged on a beach, could reasonably be interpreted as a threat against President Donald Trump. The Justice Department made this argument in legal filings late Tuesday, countering defense attempts to dismiss the case.
Prosecutors stated that "there is no serious dispute" that an objective observer could view Comey's May 2025 Instagram post as meaning "Kill President Trump." They suggested the post was a calculated attempt to promote his then-forthcoming novel, "FDR Drive," which features a social media personality whose rhetoric inspires his fans to attack opponents.
The government's filings also questioned Comey's account of finding the seashells, numbered "86 47," on a North Carolina beach. The Merriam-Webster dictionary defines "86" as "to throw out," "to get rid of," or "to refuse service to." Trump is the 47th U.S. president.
Prosecutors cited a spate of alleged assassination plots or attempts against Trump in the period surrounding Comey's post. They also noted that two minutes before Comey posted the photo, his wife reportedly texted him a screenshot of a definition of "86" meaning "to get rid of or refuse service."
Comey deleted the post shortly after publishing it, stating he was unaware of any violent interpretations. His legal team has argued that the slogan "86" has a long-standing meaning of "get rid of" or "eject" and is commonly used at protests.
The Justice Department also cast doubt on Comey's narrative of finding the seashells during a walk, noting they were found miles from where he was staying and in an area separated from the ocean by a sand dune. The government stated there was no evidence anyone else arranged, photographed, or saw the shells.
Comey's lawyers have characterized the indictment as part of a retaliatory campaign by Trump against a vocal critic. Trump fired Comey as FBI director in 2017 while Comey led an investigation into Russian interference in the 2016 presidential election. Trump has since publicly called for Comey and other perceived adversaries to be jailed.
The Justice Department denied allegations of vindictiveness, stating the decision to indict Comey was made by the U.S. attorney in the relevant district and was not directed by the president or the attorney general.