Former FBI Director James Comey has filed a motion to dismiss an indictment stemming from his Instagram post that critics claim threatened the life of former President Donald J. Trump. The motion, submitted Monday, contends that the prosecution infringes on Comey’s First Amendment rights.
Comey’s legal team argues the charges are based on a photograph posted in May 2025, in which seashells were arranged to spell out “86 47.” Prosecutors allege the image constituted a veiled threat against Trump, the 45th president. Comey’s attorneys counter that the slogan is a widely recognized expression of political opposition rather than a call to violence.
“This indictment targets protected speech at the heart of the First Amendment,” the filing states, describing the slogan as a commonplace political chant seen on protest signs and merchandise nationwide. The former FBI director, a vocal critic of Trump, deleted the post shortly after its publication.
The filing also accuses the Justice Department of selectively prosecuting Comey as a “prominent critic of the president” and suggests such efforts risk undermining political free speech protections. “Forcing Mr. Comey to stand trial for a statement opposing the president — even if he is ultimately acquitted — would itself be an unconstitutional punishment of free speech,” his attorneys wrote.
Comey denies the post was intended as a threat and is expected to plead not guilty at his arraignment next month in North Carolina. The motion highlights Comey’s cooperation with authorities, noting that after deleting the post, he informed a local police chief of the controversy and voluntarily spoke with Secret Service agents.
The case hinges on whether Comey’s actions meet the Supreme Court’s standard for a “true threat,” which requires that the speaker intentionally signal violence. His legal team argues that prosecutors have not produced evidence to establish such intent.
In their motion, Comey’s attorneys also referenced past comments by Trump they say more overtly incite violence, including remarks in which the former president described certain actions by lawmakers as “treason” punishable by death.
The indictment was announced in April, and Comey is expected to mount additional legal challenges as the case proceeds. Prosecutors have not commented publicly on the motion.