Key facts
- Lawyers for James Comey allege federal officials misled judges and withheld key facts in the case charging him with threatening President Donald Trump.
- The defense seeks dismissal of the case, citing vindictive prosecution and a campaign targeting a critic.
- The case involves an Instagram post by Comey with seashells and the numbers "86 47."
- Investigators reportedly found inconclusive results when searching for associations between Comey and the term "86."
- Defense lawyers claim search warrant affidavits contained false statements and material omissions.
Lawyers for former FBI Director James Comey have filed new motions alleging federal officials misled judges, submitted false statements, and withheld key facts during the investigation into a social media post by Comey. The defense seeks to dismiss the case, which charges Comey with threatening President Donald Trump, arguing it is a vindictive and selective prosecution stemming from Trump's animus towards his critic.
The case centers on an Instagram post by Comey featuring seashells with the numerical arrangement "86 47." The Justice Department contends this constituted a threat against Trump, the 47th president. Comey's lawyers assert that "86" is a common phrase meaning "get rid of" or "eject" and has been used in various contexts, including protests.
Defense filings claim that investigators repeatedly failed to find evidence that Comey intended a physical threat or knew the number "86" suggested violence, yet this information was omitted from warrant applications. They also allege that search warrant affidavits contained "false statements," including insinuations that Comey's attorney sought to hide evidence or that his wife misled investigators.
Further allegations include that investigators distorted statements from a source who initially perceived Comey's post as having a violent meaning. This source's view was reportedly influenced by Rudy Giuliani's claims about the term "86" in mob cases, claims that the FBI's own investigation found to be untrue.
The defense also points to the Secret Service's close coordination with the Justice Department and President Trump himself regarding Comey's interview, with frequent updates sent to Trump on Air Force One. This case is described as the second prosecution targeting Comey in recent months, following an earlier one that was dismissed.