Federal prosecutors are pushing back against former FBI Director James Comey’s effort to dismiss a case tied to a social media post showing seashells arranged as “86 47” on a North Carolina beach.
According to reporting by Alan Wooten of The Center Square, the U.S. Department of Justice argued in a Tuesday filing in the U.S. District Court for the Eastern District of North Carolina that there is “no serious dispute” the post could be interpreted as a possible threat against President Donald Trump.
What prosecutors say the post meant
Comey is facing two federal counts of threats against the president, according to The Center Square. Prosecutors wrote in the filing: “There is no serious dispute that an objective viewer of Comey’s post could read it to mean ‘Kill President Trump.’”
The post, shared in May of last year from the Outer Banks, showed the numbers “86 47” spelled out in seashells. Prosecutors say Comey’s Instagram account had an estimated 200,000 followers at the time, with possible secondary reach in the millions.
Comey’s explanation
Comey has said he came across the arrangement while walking on the beach and removed the post soon after sharing it. He explained that he did not know the numbers could be interpreted as promoting violence.
Prosecutors, however, said Comey’s wife texted him a screenshot of a definition of “86” two minutes before he posted the image. The definition cited in the filing described “86” as meaning to get rid of or refuse service.
Texts and court schedule
The filing also cited text messages between Comey and his agent after the post, including Comey’s statement that he did not intend for the post to go viral. Prosecutors said he also wrote, “I’ll be OK if it sells books.”
The seashell arrangement was located about 4 miles from the beachfront property where Comey was staying, according to prosecutors.
Judge Louise Flanagan has scheduled arraignment for Sept. 30 in New Bern, with trial set to begin Oct. 21, The Center Square reported.
