Justice Department defends prosecution of James Comey over Instagram seashell post
The Justice Department argued that former FBI director James Comey's Instagram photo of seashells arranged as “86 47” could be reasonably interpreted as a threat against President Donald Trump, rejecting claims the case is vindictive.
The Justice Department filed detailed motions defending its indictment of former FBI director James Comey, asserting that an Instagram post showing seashells arranged to read “86 47” could be understood as a threat toward President Donald Trump. Prosecutors said an objective viewer could read the image as a call to “kill President Trump,” citing the Merriam-Webster definition of “86” as “to throw out” or “to get rid of.”
The government’s filings placed the post in the context of recent assassination plots against Trump and noted that Comey’s wife had texted him a definition of “86” minutes before he posted the image. Prosecutors also questioned Comey’s claim that he found the shells on a beach walk, pointing out that the location was several miles from the shoreline and that no evidence showed anyone else arranged or photographed the shells.
Comey’s attorneys argue the indictment is part of a vindictive campaign by the Trump administration, citing his 2017 dismissal after the FBI’s Russia investigation. The Justice Department rejected the vindictiveness claim, stating the decision to charge Comey was made by the local U.S. attorney without presidential direction.
“There is no serious dispute that an objective viewer of Comey’s post could read it to mean ‘Kill President Trump,’” prosecutors wrote.
“No Government theory was disproved at that time, or now. No intentionally false omission exists, much less one made with reckless disregard for the truth,” the filing added.
The defense maintains that investigators misled the court, submitted false statements, and failed to produce evidence that Comey intended a physical threat. The case remains pending as both sides present further arguments.