FBI Director Comey seeks dismissal of Trump threat case

Former FBI Director James Comey has formally asked a federal judge to dismiss the criminal case accusing him of threatening President Donald Trump, arguing the prosecution criminalizes protected political speech and endangers First Amendment rights. In a 42-page motion filed on Monday, July 27, 2026, Comey’s attorneys contend the charges stem from an Instagram post that does not constitute a “true threat” against the president.

The case originates from a May 2025 post in which Comey shared a photograph of seashells arranged on a North Carolina beach to read “86 47.” The term “86” is commonly understood to mean eject or remove, and “47” refers to Trump as the nation’s 47th president. Comey has stated he found the display on the beach, interpreted it as a clever expression of political opposition, and posted it to his account, which has approximately 200,000 followers. He removed the post within hours after some, including Trump, interpreted it as a call for violence, and he published a follow-up clarifying he opposes violence and did not intend that association.

A North Carolina grand jury indicted Comey on April 28 on two felony counts: threatening the president and transmitting...