Full Breakdown
DOJ Leverages James Comey’s Novel in Threat-to-President Case
8/23/2026, 2:14:04 AM
The Prosecutorial Theory and the Instagram Post
Federal prosecutors filed a motion arguing that a May 15 2025 Instagram photo posted by former FBI director James Comey—showing seashells arranged to read “86 47”—constitutes a “true threat” against President Donald Trump. The filing cites passages from Comey’s 2025 crime thriller FDR Drive, in which a fictional prosecutor pursues a far-right media personality who urges followers to kill an enemy. Prosecutors contend the novel demonstrates Comey’s “mens rea,” or guilty mind, for the alleged coded message and assert there is “no serious dispute” that an objective viewer could interpret the post as a call to kill the president.
Background & Context
Comey’s clash with Trump began during the 2016-17 Russian-interference investigation, which led to Comey’s dismissal in 2017. After leaving the FBI, he authored several novels; FDR Drive was released in 2025, five days after the Instagram post. The post was deleted after public outcry, and Comey has pleaded not guilty to two felony counts alleging he knowingly threatened the president. The case follows an earlier 2025 indictment on unrelated perjury and obstruction charges that was dismissed later that year.
Data & Statistics
- Book sales: 6,471 copies (Circana BookScan).
- Social-media reach: ~200,000 Instagram followers at the time of the post.
- Merchandise: Over 200,000 items on Amazon bearing the “86 47” slogan were identified in the filing.
- Geographic detail: The shells were located about four miles (six km) from the beachfront property where Comey was staying, separated from the ocean by a sand dune.
Official Statements & Responses
- The filing argues Comey had a financial incentive to stir controversy, suggesting the post was timed to boost novel sales.
- Comey’s defense: Attorneys claim the post is protected political speech, noting that “86” is long-standing restaurant slang meaning “to get rid of” and has appeared on protest signs without violent intent. They describe the indictment as “vindictive and selective prosecution” driven by the president’s “deep-seated animosity.”
- PEN America: Legal director Mara Gassmann called the government’s reliance on a novel “a desperate Hail Mary” and warned that using creative works to support criminal charges “compounds the First Amendment concerns” and threatens free-expression rights.
Criticism & Opposition
PEN America’s statement represents organized criticism of the DOJ’s strategy, emphasizing that a political message expressed through a photo of seashells “is no true threat” and urging caution whenever fiction is used to substantiate criminal charges.
Conflicting Reports & Gaps
- Definition of “86”: Merriam-Webster lists the term as meaning “to throw out” or “to get rid of,” while Cassell’s Dictionary of Slang includes a definition of “kill.” Prosecutors rely on the latter; the defense cites the former.
- Intent to promote the novel: Texts between Comey and his publishing agent describe the post’s viral attention as “music to an agent’s ears.” The defense disputes that Comey intended to boost sales, while prosecutors view the exchange as motive evidence.
- Physical arrangement of shells: Prosecutors assert no evidence anyone else arranged or photographed the shells, challenging Comey’s claim that he simply discovered the formation during a beach walk. The factual basis for the shells’ location remains unverified.
What’s Next
Comey is scheduled to be arraigned on September 30, with trial set for October 21 2026 in federal court in New Bern, North Carolina. The court will decide whether the indictment proceeds and whether the seashell post meets the legal threshold of a “true threat” under the First Amendment.
