Former FBI Director James Comey’s legal team intends to move to dismiss his second federal indictment, which was issued April 28 over a May 2025 Instagram post showing seashells spelling '86 47.' Prosecutors allege the image threatened President Trump.
Comey’s lawyers argue the charges reflect vindictive and selective prosecution. They cite a September 2025 Truth Social post in which Trump urged then-Attorney General Pam Bondi to pursue the case, writing that justice must be served after repeated impeachments and indictments against him. This marks Comey’s second indictment under the Trump administration; an earlier September 2025 case charging false statements and obstruction was dismissed by a federal judge who ruled the prosecutor was unlawfully appointed. The current charges stem from the Instagram photo some interpret as calling for harm to the 47th president. Comey has maintained the post was a non-violent political message.
