- James Comey was charged in April for an Instagram post he shared last year that arranged seashells to spell out the numbers “86 47”.
- Comey’s defence team filed misconduct allegations on Tuesday, claiming the case is motivated by political retribution and filled with irregularities.
- Lawyers for Comey alleged that US Secret Service agents illegally surveilled him and that federal prosecutors withheld details about their efforts to connect the term “86” to criminal activity.
- The Department of Justice has alleged that the numbers “86 47” allude to killing Trump, the 47th president.
- Comey faces one count of threatening the president and a second count of transmitting a threat in interstate commerce, with a potential sentence of up to 10 years in prison if convicted.
- Rights advocates have raised concerns about whether the charges will hold up in court, as the seashell photo is likely to be considered protected speech under the First Amendment.
James Comey is fighting to dismiss charges of threatening Donald Trump, asserting that the prosecution is driven by political motives and misconduct. His lawyers allege that federal prosecutors omitted crucial details and fabricated evidence in a case stemming from an Instagram post that allegedly threatened Trump.1
Comey was indicted in April for an Instagram post featuring seashells arranged to spell out the numbers “86 47”, which the Department of Justice claims alludes to violence against Trump, the 47th president. If convicted, Comey faces up to 10 years in prison for one count of threatening the president and another for transmitting a threat in interstate commerce.456
His defense team argues that the indictment is part of a long-standing campaign by Trump to retaliate against Comey for his previous criticisms and protected speech. They claim that internal Secret Service documents reveal Trump sought updates on the investigation, indicating a personal vendetta.7
The motion filed by Comey’s lawyers highlights several instances where prosecutors allegedly searched for connections to the term “86”, including inquiries into the files of suspected gangsters, but found no relevant evidence. They assert that “evidence obtained during discovery supports at least a substantial preliminary showing that the affidavits submitted in support of two of the search warrants contained intentionally false statements and material omissions”, undermining the prosecution's case.3
Comey’s legal team emphasizes that the case is riddled with irregularities, suggesting that the charges are not based on a legitimate application of the law but rather on political retribution from Trump.2
“Comey faces serious charges, including one count of threatening the president, which could lead to a 10-year prison sentence if convicted. His lawyers argue that the prosecution is based on a distorted interpretation of his social media post and that key evidence was omitted to support the case.”
The Guardian
