DOJ: Comey Seashell Post Could Mean 'Kill Trump'
DOJ: Comey Seashell Post Could Mean 'Kill Trump'

The News
The Justice Department is defending its prosecution of former FBI Director James Comey, telling a court there is "no serious dispute" that his Instagram photo of seashells arranged to read "86 47" could be understood as a threat against President Donald Trump.
"There is no serious dispute that an objective viewer of Comey's post could read it to mean 'Kill President Trump,'" prosecutors wrote in motions filed Tuesday.
The filings are the government's most detailed explanation of its indictment to date, and they go further: prosecutors say there is "reason to doubt" Comey's account that he simply came across the shells on a North Carolina beach.
What Prosecutors Allege
The government says that two minutes before the post went up, Comey's wife texted him a screenshot of a definition of "86" reading "to get rid of or refuse service."
Prosecutors placed the post against what they described as a spate of assassination plots or attempts against Trump in the months before and after it.
They also cast the post as a book-selling move. After the outcry, according to the filings, Comey's publishing agent texted that he had "gone viral." Comey replied that it was "not my intention, but I'll be OK if it sells books." The agent answered: "Music to an agent's ears."
On the shells themselves, prosecutors said they sat 4 miles down the beach from the beachfront property where Comey was staying, in an area separated from the ocean by a sand dune, and that there is "no evidence that anyone else arranged, photographed, or even saw the shells."
Timeline
Trump fires Comey as FBI director while Comey is overseeing an investigation into potential ties between Trump's 2016 campaign and Russia. Trump has since repeatedly called for Comey and other perceived adversaries to be jailed.
Comey posts a photo on Instagram of seashells arranged as "86 47." Merriam-Webster, the dictionary used by The Associated Press, defines "86" as "to throw out," "to get rid of" or "to refuse service to." Trump is the 47th president. Comey deletes the post shortly afterward, saying he did not know anyone read the numbers as a call to violence.
Comey's novel "FDR Drive" is released. The book follows a prosecutor pursuing a far-right social media personality whose words have inspired his fans to attack his foes, according to the Justice Department.
Prosecutors file the motions answering Comey's bid to have the case thrown out. It is the second indictment against him in a year.
Reactions
Comey's lawyers are seeking dismissal on several grounds, including that the case is a vindictive prosecution and that the post was not a true threat.
They contend investigators misled judges, submitted documents containing false statements, withheld key facts, and repeatedly came up empty trying to prove Comey intended a physical threat or knew that "86" could suggest violence. They note the slogan has long meant to "get rid of" or "eject," has appeared on thousands of items sold online, and is regularly displayed at protests.
The defense calls the indictment part of a Trump retribution campaign aimed at one of the president's loudest critics.
The Justice Department denies that. It says the decision to indict was made by the U.S. attorney in the area and did not come from a directive by the president or the attorney general.
What's Next
The judge now has to rule on Comey's motions to dismiss — including the vindictive-prosecution claim and the argument that the seashell post is protected speech rather than a true threat. Those rulings will decide whether the case goes to trial.
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