In a July 27 filing, Comey's lawyers seek dismissal and grand jury materials over alleged evidence mishandling.
Why it matters: The motion asks a judge to throw out a politically sensitive federal prosecution and expose how investigators handled the case. It could also shape how courts view evidence collection and charging decisions in threat cases involving public officials.
- Comey's defense filed the motion on July 27, seeking dismissal of the indictment and grand jury materials.
- The case centers on a May 15, 2025 Instagram post showing seashells arranged as "86 47."
- The Justice Department charged Comey under 18 U.S.C. 871(a) and 18 U.S.C. 875(c) and said the maximum penalty could be 10 years.
- The filing says the post was protected speech, not a true threat, and alleges investigators mishandled evidence.
James Comey's defense is pressing a broader attack on the federal case tied to his seashell Instagram post, saying investigators mishandled evidence as they built the indictment. The July 27 filing seeks dismissal and grand jury materials, according to AP's July 29 report. AP report
The defense filing, as summarized by AP, says federal officials misled judges, made false statements and withheld facts in warrant applications and other investigative steps. It also says the Secret Service conducted unlawful surveillance. Those are allegations in the filing, not findings by a court.
The case stems from a May 15, 2025 post showing shells arranged as "86 47." The Justice Department said in its indictment announcement that the post was a threat against President Donald Trump and argued a reasonable recipient would view it as a serious expression of intent to do harm. DOJ announcement
Comey's motion also argues the post was protected speech and not a true threat. ABC News reported the filing separately said the prosecution was vindictive and selective. ABC News
By the numbers
- July 27 - date of Comey's dismissal motion.
- 10 years - maximum prison term cited by DOJ for the charges.
Yes, but: The defense claims are allegations in a motion, and a judge has not ruled on them.