Comey urges judge to dismiss indictment over Instagram seashell post, citing free-speech rights
Former FBI Director James Comey asked a federal judge to throw out a grand-jury indictment that accuses him of threatening President Trump, arguing the Instagram image is protected political speech.
In a filing on Monday, former FBI Director James Comey asked a federal judge to dismiss a grand-jury indictment that alleges he threatened President Donald Trump’s life. The indictment stems from an Instagram picture of seashells arranged to read "86 47," which prosecutors say could be interpreted as a serious intent to harm the president. Comey’s attorneys argue the phrase is commonly used to mean "get rid of" and carries no violent connotation, asserting the post is protected political speech.
They warn that prosecuting the former director would set a precedent for punishing political opponents. Comey, who maintains his innocence, is scheduled for arraignment in late September and plans to file additional motions challenging the case’s selectivity and vindictiveness. The case follows a prior indictment that was dismissed after a judge found the appointing prosecutor was improperly installed.
Why it matters
The case could define how far the government can go in criminalizing political speech against a sitting president.
How the sides frame it
MODERATE AGREEMENTLeft-leaning coverage frames the indictment as a politically-motivated, vindictive prosecution marred by government misconduct, while right-leaning coverage stresses the absurdity of the case, portrays the phrase as harmless slang, and highlights illegal surveillance pressure on agents.
LEFT
The case is a vindictive, selective prosecution driven by political retribution and marred by government distortion and illegal surveillance
CENTER
Reports Comey's claim that the seashell post is protected political speech and notes allegations of misconduct and surveillance without taking a clear stance
RIGHT
Portrays the indictment as absurd, emphasizes the slang meaning of the phrase and the illegality of the surveillance pressure on Secret Service agents
The left emphasises
- government distorted details and omitted key facts
- vindictive and selective prosecution
- illegal Secret Service surveillance of Comey
The right emphasises
- the case is absurd and the phrase is merely slang
- Secret Service agents felt pressured to surveil Comey
- illegal surveillance highlighted
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