The Department of Justice (DOJ) is digging in on its case against former FBI Director James Comey. They’re arguing that his “8647” Instagram post could reasonably be viewed as a threat against President Donald Trump. Prosecutors also challenged Comey’s explanation for the unusual beachside message. They rejected accusations that the case amounts to political retaliation.
Justice Department responds to claims surrounding James Comey’s prosecution
The government laid out its position in court filings Tuesday as James Comey’s attorneys seek to have the indictment dismissed. Prosecutors believe an ordinary observer could interpret the numbers as “Kill President Trump.” This is because Donald Trump is the 47th president and “86” can mean removing or ejecting someone. As per the prosecutors, “There is no serious dispute that an objective viewer of Comey’s post could read it to mean ‘Kill President Trump'” (via AP News).
Comey has maintained that the numbers came from seashells he encountered during a North Carolina beach walk. He removed the Instagram post after backlash. According to him, he did not realize people could interpret it as a violent message. His legal team has also pointed to the phrase’s established meaning and argued that “86” commonly means getting rid of something rather than killing someone.
Federal prosecutors aren’t buying that explanation. They noted that Comey’s wife had sent him a definition of “86” shortly before the post appeared. The filing also questioned where the shells sat, saying they were several miles from the beach property where Comey stayed and separated from the shoreline by a dune. Investigators found no indication that another person arranged or photographed them.
Timing has become another piece of the government’s argument. Comey published the image shortly before his novel FDR Drive was scheduled for release. Prosecutors highlighted the book’s story about an online personality whose rhetoric pushes followers toward violence. After the post exploded online, Comey told his literary agent he would be fine with the attention “if it sold books.”
Comey’s defense has portrayed the prosecution as vindictive, particularly given his history with Trump, who removed him as FBI director in 2017. His attorneys also accused investigators of withholding weaknesses in their evidence from judges. The Justice Department rejected that account, saying the indictment came from the U.S. attorney handling the matter rather than Trump or the Attorney General.
