The Department of Justice cited a novel by James Comey in a court filing urging a federal judge not to dismiss criminal charges against Comey for allegedly threatening President Donald Trump. The charges stem from an Instagram post where Comey shared a photo of seashells on a North Carolina beach that formed the numbers '86 47.'
Prosecutors suggested that Comey sent coded messages to his followers, implying a threat against Trump. They referenced a character in Comey's fictional book who similarly communicated violent intentions. The filing stated, 'On May 15, 2025, a charismatic leader named James Comey... posted a coded message to his followers meaning 'kill' or 'get rid of' President Trump.'
Comey's attorneys argued that the post did not constitute a threat, explaining that '86' is a term used in restaurants to indicate that a menu item is no longer available. They also noted that '47' refers to Trump as the 47th president. The DOJ countered that an objective viewer could interpret the post as a threat.
In an affidavit, U.S. Attorney W. Ellis Boyle stated that he was not pressured to indict Comey. Comey's defense claimed that '86 47' is a political slogan expressing opposition to Trump and that no reasonable observer would interpret it as a violent threat. They also mentioned that searches conducted by the FBI found that many law enforcement officials did not associate '86' with violence.
Comey was previously indicted in Virginia for allegedly lying during Senate testimony in 2020, but that case was dismissed due to issues regarding the appointment of the U.S. attorney involved.