Comey Battles '86 47' Threat Charges: Is It Free Speech or a Felony?
Comey Battles '86 47' Threat Charges: Is It Free Speech or a Felony?
Former FBI Director James Comey is fighting charges over his '86 47' seashell photo, which the DOJ calls a threat to Trump. His lawyers argue it's protected First Amendment speech, not a felony. Dive into this heated leg
Former FBI Director James Comey is currently embroiled in a significant legal battle, seeking to dismiss felony charges accusing him of threatening Donald Trump's life. The charges stem from an Instagram post in 2025 where Comey shared a photograph of seashells arranged to spell out '86 47'. The Department of Justice (DOJ) claims this post amounted to a 'true threat' against the former president, with '86' being interpreted as a call for the assassination of the 47th president. Comey's legal team, however, vehemently disputes this interpretation, asserting that the case is a politically charged attack on fundamental First Amendment rights.
According to Comey’s lawyers, the DOJ’s claim is contradicted by all available evidence, including dictionaries, context, legal precedent, and common sense. They argue that the number '86' primarily signifies 'get rid of' or 'eject' and carries no violent connotation, except in extremely rare circumstances. His legal defense maintains that Comey merely posted a 'well-known political slogan,' widely used in protests and online to express opposition to a political figure, which should be recognized as protected speech under the First Amendment.
Despite this defense, federal prosecutors are pursuing serious charges against Comey, including one count of making threats against the president and another for transmitting those threats through interstate communications. If convicted, Comey could face a prison sentence of at least 10 years and a substantial criminal fine of $250,000. These potential penalties highlight the gravity with which the DOJ is treating the seashell photograph.
The legal process is moving forward, with Comey expected to plead not guilty during his arraignment on September 30. Should the case proceed, a jury trial is scheduled to commence on October 21. Comey's lawyers are unwavering in their assertion that the entire case 'targets protected speech at the heart of the First Amendment,' making this a pivotal test of free speech boundaries in the digital age, especially when involving high-profile political figures.
