Comey Seeks Dismissal of Indictment Over Instagram Post Allegedly Threatening President
July 27, 2026
Readers should expect further developments as the legal proceedings unfold.
There is ongoing legal uncertainty about whether the North Carolina court will dismiss the second indictment, with background tied to a previously dismissed Virginia case.
Former FBI Director James Comey asks a North Carolina federal court to dismiss the indictment tied to the social-media post from last year.
Upcoming events include Comey’s arraignment on September 30 in New Bern and a trial set for October 21 before U.S. District Judge Louise Flanagan, with a prior continuance for discovery and scheduling needs.
Comey’s lawyers argue the indictment targets political speech and relies on an overly broad reading of a true-threat statute, asserting the Instagram image of seashells arranged to spell “86 47” expressed opposition to the President rather than a real threat.
This is a developing story, with ongoing coverage and updates as new details emerge.
Specifically, Comey contends the seashell arrangement constitutes protected political speech, not a threat against the President, and that the case risks chilling legitimate political commentary.
Justice Department has not publicly detailed Comey’s intent, while prosecutors say intent is generally shown via witnesses, documents, and the defendant’s statements.
The available text does not include the court’s ruling or additional context about the indictment beyond the motions to dismiss.
The case centers on charges of threatening the president and transmitting an interstate threat stemming from a North Carolina indictment.
The indictment was filed in the Eastern District of North Carolina; the seashell post led to a Secret Service inquiry after it was deleted.
The government aims to prove intent through witnesses and documents, though detailed evidence of intent has not been publicly disclosed.
Summary based on 13 sources
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Sources

AP News • Jul 27, 2026
James Comey says seashells post was political speech and not a threat | AP News
CNN • Jul 27, 2026
James Comey asks judge to drop case over ‘86 47’ seashell post
Washington Examiner • Jul 27, 2026
Comey asks court to dismiss ’86 47′ seashell case
The Boston Globe • Jul 27, 2026
Comey says seashells post was political speech, not threat against Trump