Full Breakdown
Comey Seeks Dismissal of ‘86 47’ Threat Indictment
7/28/2026, 2:14:17 AM
Motion to Dismiss the ‘86 47’ Indictment
Former FBI Director James B. Comey filed a motion on July 27 in the Eastern District of North Carolina asking a judge to throw out a two-count indictment that accuses him of threatening President Donald Trump with an Instagram photo of seashells spelling “86 47.” Comey’s lawyers argue the image is political hyperbole protected by the First Amendment, not a “true threat” under federal law.
Background & Context
A grand jury returned the indictment on April 28, charging Comey with threatening the president and transmitting a threat in interstate commerce. The phrase “86 47” merges “86,” slang for “get rid of” or “eject,” with “47,” a reference to Trump as the 47th president. The slogan has appeared on merchandise and at protests for months before Comey’s post. The case follows a prior indictment in 2025 that was dismissed after a judge ruled the prosecutor, Lindsey Halligan, was unlawfully appointed.
Data & Statistics
- Most sources state each count carries a maximum penalty of five years in prison; one source lists a ten-year maximum and a $250,000 fine.
- The Justice Department has set a deadline for a response to the motion by mid-August.
Official Statements & Responses
- Acting Attorney General Todd Blanche said threatening the president “will never be tolerated.”
- A Justice Department spokesperson confirmed the indictment was obtained from a North Carolina grand jury and that Comey will have “his day in court.”
Criticism & Opposition
Former DOJ deputy assistant attorney general Martin Lederman, now a Georgetown law professor, called the indictment “an embarrassment” and argued it reflects selective, vindictive prosecution. Legal analysts cite the 1969 Supreme Court decision Watts v. U.S., which protects “crude and hyperbolic political speech” from true-threat prosecutions.
Conflicting Reports & Gaps
- Penalty limits differ: most outlets cite a five-year maximum per count, while one source mentions ten years and a $250,000 fine.
- The government has not released evidence of Comey’s intent to commit violence, a required element of the “true threat” test, leaving a factual gap in the prosecution’s case.
Verbatim Quotes
- “Threatening the life of the president of the United States will never be tolerated.” — Attorney General Todd Blanche
- “Over the past year, this department has charged dozens of cases involving threats against all sorts of individuals. We take these seriously, every single one of them.” — James B. Comey, former FBI director
- “And that’s how we’ll prove intent in this case,” — General Todd Blanche, attorney
- “A child knows what that meant,” — President Trump, of threatening president
What’s Next
The court will consider Comey’s motion; a decision is expected before the August response deadline. If the motion is denied, Comey is scheduled to be arraigned in late September in New Bern, North Carolina, with a jury trial slated for October.
