Allegations of Secret Service Surveillance After James Comey’s Instagram Post

Lawyers for former FBI director James Comey contend that U.S. Secret Service agents illegally tracked Comey’s cellphone and followed his vehicle after he posted an Instagram photo of seashells arranged to read “8647.” The motion to dismiss, filed in federal court in North Carolina, asserts that President Donald Trump repeatedly asked for updates on the investigation. Internal Secret Service notes record a supervisor’s objection to an “exigency” request to ping Comey’s phone without a warrant, stating that such a request required belief of an imminent threat to life or limb—a condition the supervisor said was not met. Despite the objection, the supervisor’s later note indicates that a senior DOJ official pressed for the phone ping, and the tracking was ultimately carried out, according to a sworn affidavit from Comey’s attorney, Patrick Fitzgerald.

The Guardian

The current case stems from an indictment filed by the Department of Justice in April, which characterized the seashell post as a “true threat” against the president. Comey’s lawyers argue that the charge is a retaliatory use of criminal process for protected speech. A separate indictment from the previous year alleged that Comey had lied to Congress; those charges were dismissed after a judge ruled the prosecutor had been unlawfully appointed. Comey maintains that he posted the photo while on vacation with his wife Patrice in eastern North Carolina in May 2025 and deleted it after learning it could be interpreted as violent.

The Guardian

Documents attached to the motion reveal that law-enforcement officials struggled to establish that the term “86” signified violence. Agents consulted an unidentified acquaintance of the Comeys, who initially thought “86” referred to a menu item. Their view shifted after former mayor Rudy Giuliani suggested the term could mean “kill.” The FBI conducted a broad search of its records for “86,” including files from the 1990s federal case against mobster John Gambino that Comey prosecuted, but found no relevant references. Agents also employed ChatGPT and Google AI to explore possible meanings, but neither tool produced definitive results. In an effort to build a case, investigators interviewed Salvatore “Sammy The Bull” Gravano, a former Gambino underboss who had cooperated in the Gambino prosecution. Gravano told agents he interpreted the seashell arrangement as “let’s kill Trump,” though he did not recall ever discussing the term with Comey.

The Guardian

Comey’s legal team filed a motion arguing that the indictment lacks a good-faith application of the law and reflects a years-long campaign by the president to punish Comey for protected speech. The motion cites the supervisor’s notes rejecting the exigency request and the inability of investigators to confirm that “86” is a violent threat. The Department of Justice has not issued a public response to the motion at the time of filing. The court’s upcoming decision will determine whether the surveillance and the criminal charge can proceed.

The Guardian