Former FBI Director James Comey has formally requested a federal judge to dismiss his indictment for allegedly threatening President Donald Trump. Comey argues that a photo he posted of seashells spelling out the number '8647' does not constitute a 'true threat.'
In the motion filed by Comey's lawyers, they assert that the photo represents free speech protected by the First Amendment and that '8647' is a known political slogan opposing the president. They claim that 'no reasonable observer' would interpret the phrase '86 47' as a threat of violence.
Comey, who has been critical of Trump since being dismissed as FBI director in May 2017, contends that the Department of Justice is targeting him due to Trump's animosity. He was indicted in April by a grand jury in U.S. District Court for the Eastern District of North Carolina on charges of threatening the president and transmitting a threat in interstate commerce.
The motion to dismiss emphasizes that the indictment targets protected speech, noting that the slogan has been widely used in protests and is available on various items sold online. Comey's defense argues that the interpretation of '8647' as a threat is unsupported by dictionaries, context, or common understanding.
This case marks the second indictment for Comey during Trump's presidency, following a previous indictment in Virginia related to alleged false testimony before the Senate Judiciary Committee. That case was dismissed in November due to issues with the appointment of the U.S. Attorney who obtained the indictment.