PEN America criticizes prosecutors for citing James Comey's novel in threat case

PEN America’s legal director, Mara Gassmann, said the Justice Department’s reliance on a novel by former FBI director James Comey to bolster an indictment alleging a threat against President Donald Trump is a “desperate Hail Mary” that should be rejected. The prosecutors’ filing cited a fictional prosecutor in Comey’s book FDR Drive and a Publishers Weekly review to argue that Comey’s Instagram post of seashells arranged to read “8647” constituted a coded threat.

The government maintains that the number “86” is slang for “remove” and that the post, posted five days before the novel’s release, was intended to signal violence toward Trump, who has faced prior assassination attempts. The filing also suggests Comey had a financial motive to promote his novel.

Comey has denied the charges, stating the post was removed after he realized it could be misinterpreted and that he opposes violence. His attorneys argue the image is protected speech, not a “true threat,” and describe the prosecution as “vindictive and selective” and part of a broader effort by the president to punish Comey for exercising free expression.

"A political message, expressed through a photo of seashells, is no true threat; now, the government’s use of Comey’s work of fiction to support this prosecution compounds the first amendment concerns," Gassmann said.

"Extreme caution should be taken any time creative works are used to support criminal charges to protect the free expression rights of us all," she added.

The case remains pending as Comey seeks dismissal of the indictment.