Former FBI Director James Comey asked a judge to dismiss a federal indictment against him Monday, arguing that posting a photo last year of seashells spelling out “86 47” did not constitute a “true threat” against President Donald Trump.
In a court filing, Comey’s attorneys argue that “86 47” is a well-known political slogan that expresses opposition to Trump, and was commonly displayed at protests ahead of Comey’s post, with thousands of items featuring the slogan sold on the internet that are available to this day.
“But the government now singles out Mr. Comey to prosecute one of the President’s most prominent critics for publishing another person’s statement of political opposition,” the filing states.