Federal prosecutors are defending their case against former FBI Director James Comey. They say there is no serious doubt that a social media post made by Comey could be understood as a threat against President Donald Trump.
The case is about an Instagram photo Comey posted in May 2025. The photo showed seashells arranged to form the numbers 86 47. Trump is the 47th president of the United States.
The number 86 can have several meanings. Merriam-Webster defines it as meaning to throw someone out, get rid of someone, or refuse service. However, prosecutors say the numbers 86 and 47 together could also be understood as a message to harm or kill Trump.
Comey has denied that he intended the post as a threat. He said he found the seashells arranged that way while walking on a beach in North Carolina. He later deleted the Instagram post after people reacted strongly to it.
His lawyers say Comey did not know that some people could understand the numbers as a call for violence. They argue that 86 has been used for years to mean getting rid of someone or removing someone from a place. They also say the expression has appeared on many products and at public protests.
Prosecutors Say the Post Was a Real Threat
The Justice Department says an ordinary person looking at Comey's post could understand it as a threat against Trump.
Prosecutors also pointed to the political climate at the time. They noted that there had been assassination attempts and threats involving Trump before and after the Instagram post.
According to prosecutors, Comey's wife sent him a screenshot explaining the meaning of 86 just two minutes before he posted the photo. The screenshot described 86 as meaning to get rid of someone or refuse service.
The government says this information raises questions about what Comey understood when he posted the numbers.
Prosecutors also say the timing of the post is important. Comey was preparing to release a novel called FDR Drive. The book is about a prosecutor who investigates a far-right social media personality. In the story, the personality's words encourage followers to attack people he dislikes.
After the seashell photo became widely discussed online, Comey's publishing agent told him that he had gone viral. Comey replied that becoming popular was not his goal, but he would be fine if the attention helped sell books.
The government says this conversation gives another possible reason for the post.
Questions About the Seashells
Prosecutors have also questioned Comey's story about where the seashells came from.
Comey said he found the shells on a beach during a walk. But prosecutors say the shells were actually about four miles away from the beach area near the property where Comey was staying.
They also said the area was separated from the ocean by a sand dune.
The government says there is no evidence that someone else arranged or photographed the shells. There is also no evidence that another person saw them before Comey posted the picture.
Because of this, prosecutors say there is reason to question Comey's explanation.
Comey's Lawyers Say the Case Is Political
Comey's defense team strongly disagrees with the government's position.
His lawyers say the case is part of a political campaign against Comey. They point to Trump's long history of criticizing Comey.
Trump fired Comey as FBI director in 2017. At that time, Comey was overseeing an investigation into possible connections between Trump's 2016 presidential campaign and Russia.
Trump has continued to criticize Comey and other people he considers political opponents. Comey's lawyers say the current prosecution is an example of political revenge.
The Justice Department denies this claim.
Prosecutors say the decision to charge Comey was made by a U.S. attorney and was not ordered by Trump or the attorney general. They argue that the case was based on evidence and not political pressure.
Defense Questions the Investigation
Comey's lawyers also say investigators had trouble finding evidence that Comey meant the post as a physical threat.
According to the defense, investigators searched FBI records for information connecting Comey to the term 86. They did not find strong evidence.
The FBI also reviewed an old case involving mobster John Gambino. Comey worked on that case when he was a young prosecutor. Investigators reportedly found no mention of the term 86 in the case files.
Investigators also spoke with Salvatore Sammy the Bull Gravano, a former Mafia member who became a government witness. The defense says Gravano did not remember discussing the term 86 with Comey or hearing it connected to the Gambino case.
Comey's lawyers argue that investigators should have shared these facts with judges when asking for search warrants.
They accuse investigators of leaving out important information and misleading federal judges.
Government Stands by Its Case
The Justice Department rejects those accusations.
Prosecutors say none of the government's main theories have been disproved. They also say investigators did not intentionally hide important information from judges.
The government argues that Comey acted recklessly by posting the numbers to his large Instagram audience. They say he should have understood that many people could see the message as threatening violence against the president.
The case now centers on a basic but important question: What did Comey mean when he posted 86 47?
Comey's lawyers say it was not a threat and that the numbers were simply connected to the common meaning of 86.
Prosecutors say an ordinary person could see the numbers differently, especially because 47 refers to Trump.
As the legal battle continues, the court will have to consider the evidence, Comey's intentions and whether the Instagram post can legally be treated as a true threat against the president.