Lead Prosecutor Exits Comey Seashells Case, May 30

Matthew Petracca, the lead federal prosecutor in the case against former FBI Director James Comey, has withdrawn from the prosecution without explanation. Comey faces two federal charges for a May 2025 Instagram post showing seashells arranged as “86 47,” which prosecutors claim threatened President Trump’s life. The case has drawn national criticism and legal challenges based on free speech grounds.

Why the Prosecutor Left

Court filings on Friday showed that Assistant U.S. Attorney Matthew Petracca stepped off the Comey case and was replaced by Timothy Severo. Petracca also dropped off at least three other criminal cases in the Eastern District of North Carolina in recent days. The U.S. Attorney’s Office provided no reason for the change. Petracca moved to the civil section of the office and remains a DOJ employee, according to U.S. Attorney Ellis Boyle.

What the Charges Claim

Comey was indicted in April on one count of threatening the president’s life and one count of transmitting an interstate threat. The indictment claims a reasonable person would interpret the seashell photo as expressing intent to harm Trump, the 47th president. Prosecutors cite restaurant slang where “86” means to throw out or get rid of something. Comey deleted the post and said he did not realize some people would view it as violent.

Legal Challenges Ahead

Comey’s legal team has signaled plans to seek dismissal on grounds of selective and vindictive prosecution. Acting Attorney General Todd Blanche argued at a press conference last month that the post crossed the line between protected speech and prosecutable conduct. The trial is scheduled to begin October 21. Critics say the indictment reflects Trump administration efforts to punish perceived political enemies.

Questions About the Case

The prosecutor change comes amid broader scrutiny of Trump-era prosecutions. U.S. Attorney Boyle denied that his office improperly uses courts to serve the president’s interests, saying he would never pressure employees to prosecute charges they deemed improper. Boyle was appointed under Trump and confirmed by the Senate earlier this month. The lack of explanation for Petracca’s departure fuels debate over whether the case can survive legal scrutiny.

Final Thoughts

The lead prosecutor’s unexplained exit raises doubts about the government’s confidence in the Comey case. With trial set for October and vindictive prosecution arguments pending, the charges face significant legal hurdles.

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