Former FBI Director James Comey filed a motion on July 29, 2026, requesting a federal judge to dismiss the indictment against him related to a social media post featuring seashells. Comey alleges that the prosecution is vindictive and selective, claiming that President Donald Trump directed the U.S. Secret Service to surveil him after he posted a photo of seashells arranged to spell '86 47'.
In the motion, Comey's attorneys argue that the case does not reflect a good-faith application of the law but is part of a campaign by Trump to punish Comey for his speech. The indictment, issued by a grand jury in North Carolina, charges Comey with threatening the president, which his lawyers dispute, stating that the term '86' does not imply a threat of violence.
Comey also claims that the Secret Service conducted illegal surveillance at Trump's request, including tracking his cell phone during a trip from North Carolina to Washington, D.C. The motion includes requests to unseal grand jury audio recordings and suppress evidence obtained through alleged misrepresentations.
A spokesperson for the Department of Justice stated that Comey will have his day in court. U.S. District Judge Louise Flanagan is set to consider the arguments for dismissal. This case follows a previous indictment against Comey, which was dismissed due to issues with the appointment of the prosecutor.