Washington.- Former FBI Director James Comey asked a federal judge on Monday to dismiss the case in which the Department of Justice (DOJ) accuses him of allegedly threatening United States President Donald Trump with an Instagram post last year.
This is the second indictment against Comey, a staunch critic of Trump, after a court dismissed a first DOJ lawsuit for alleged crimes of false statements to Congress and obstruction, in relation to the investigation into the alleged ties of the president’s 2016 election campaign to Russia.
The alleged threat from the former FBI director to Trump via Instagram
In this case, the accusation is related to a photograph that the former FBI director posted – and later deleted – in May 2025, where some shells could be seen forming the number “8647” with the message: “Curious shell formation during my walk on the beach.”
Trump’s supporters interpreted it as a political message against the Republican, who is the 45th and 47th U.S. president.
The number 86, in slang, can mean to “eliminate” or “get rid of” someone, according to the Merriam-Webster dictionary.
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Dismissed cases
Comey’s lawyers stated in court documents filed this Monday that the photo does not constitute a real threat against Trump and that the charges violate the right to freedom of speech enshrined in the First Amendment, since other people who have used that same phrase have not been charged.
Last November, a federal court dismissed the first case against the former FBI director, along with another against New York Attorney General Letitia James, who was also charged by the DOJ; after concluding that the federal prosecutor chosen by the president to lead both proceedings was appointed illegally.
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James Comey, a Republican who had been appointed in 2013 by former President Barack Obama (2009-2017), was fired by Trump after taking office for the first time in 2017, following the controversy because the official was leading the investigation into the so-called “Russian plot” in the elections won by Trump in 2016.
