Key facts
- Lawyers for former FBI Director James Comey filed a motion to dismiss a criminal case against him.
- The motion alleges US Secret Service agents illegally surveilled Comey and that Donald Trump sought updates on the investigation.
- Law enforcement reportedly used AI and a mob informant to build a case against Comey for an Instagram post.
- The post, featuring seashells spelling "8647," was initially deemed a threat to the president by the Justice Department.
- Comey's legal team argues the prosecution is vindictive and based on protected speech.
Lawyers for former FBI Director James Comey have filed a motion to dismiss the criminal case against him, alleging that Donald Trump pushed for his prosecution over an Instagram post of seashells that spelled out "8647." The motion, filed in federal court in North Carolina, claims that US Secret Service agents illegally surveilled Comey and that law enforcement turned to artificial intelligence and a known mafia killer in their efforts to find justification for charging him.
The Justice Department had filed the case in April, asserting that Comey's post was a threat to the US president's life. Comey's legal team argues that the indictment is not a good-faith application of the law but rather a continuation of a campaign by Trump to punish Comey for protected speech due to personal animosity.
Comey's lawyers contend that the investigation into the seashell post initially appeared to be going nowhere until it was allegedly reinvigorated by Todd Blanche and U.S. Attorney Ellis Boyle. They also argue that the post constituted protected speech and was not a "true threat."
Internal Secret Service documents included in the filing show that Trump requested updates on the investigation. Despite a supervisor advising against tracking Comey's phone without a warrant due to a lack of imminent threat, Comey's phone was ultimately tracked, and he and his wife, Patrice, were followed as they drove back from Washington to North Carolina.
The filing also details how law enforcement officials struggled to confirm that the term "86" implied violence. Agents interviewed individuals who did not recall the term being used violently by the mafia. They also consulted ChatGPT and Google AI for the meaning of "86" without definitive results. Furthermore, Sammy "The Bull" Gravano, a former underboss in the Gambino crime family, was interviewed. Gravano interpreted the post as "let's kill Trump" but stated he did not recall discussing the term with Comey, nor did he believe Comey personally intended to kill Trump.