DOJ Defends Comey Prosecution Over Seashell Post on August 20

The Justice Department filed court documents Tuesday defending its prosecution of former FBI Director James Comey for posting a seashell photo on Instagram arranged to read “8647.” Prosecutors wrote there is “no serious dispute” that an objective viewer could interpret the image as a threat against President Trump, who is the 47th president. Comey deleted the post shortly after uploading it in May 2025 and has denied any intent to threaten the president.

What the seashell post shows

Comey posted a photo of seashells on an Instagram story while vacationing in North Carolina in May 2025. The shells were arranged to read “8647.” The number “86” is slang meaning to get rid of or remove something, while Trump is the 47th president. Comey said he found the shells arranged that way naturally on the beach and did not realize the numbers could be interpreted as a threat. He deleted the post after the uproar began.

Why prosecutors say it’s a threat

Prosecutors wrote that the post constituted a “coded message” to Comey’s followers meaning “kill” or “get rid of” President Trump. The filing noted that two minutes before posting, Comey’s wife texted him a screenshot of a dictionary definition of “86” that said “to get rid of or refuse service.” Prosecutors also cited Comey’s novel “FDR Drive,” released days after the post, which features a charismatic leader sending coded messages to followers to kill his political rivals. The government argues the book context strengthens its case that the post was intentional.

Comey’s defense and the vindictive prosecution claim

Comey’s lawyers argue the post is protected political speech and not a true threat. They note that the term “8647” appears on over 200,000 items sold on Amazon and is regularly displayed at protests, yet the government has not pursued charges against any buyers or sellers. Comey’s team also alleges vindictive prosecution, arguing the case stems from President Trump’s animus toward him. Comey was fired as FBI director by Trump in 2017 and has been a frequent critic of the president.

The government’s response on leadership involvement

The Justice Department filed documents Tuesday stating that Attorney General Todd Blanche was not involved in the decision to indict Comey. Prosecutors said U.S. Attorney W. Ellis Boyle of the Eastern District of North Carolina made the decision independently after assuming his position. An affidavit from Boyle stated that “no one ordered, directed or pressured” him to indict Comey. The filing aims to counter Comey’s claim that the prosecution is politically motivated by Trump or his administration.

Final Thoughts

The case hinges on whether a seashell arrangement and slang numbers constitute a true threat or protected speech. With prosecutors and defense counsel at odds over intent and context, the judge must decide whether Comey’s post crosses the legal line into criminal conduct.

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