Key facts
- James Comey's defense team has called the charges against him 'preposterous' and 'ludicrous'.
- The FBI's case hinges on interpreting the term '86' as a threat to Donald Trump's life.
- Prosecutors interviewed former mobster Salvatore Gravano, also known as 'Sammy the Bull,' as part of the investigation.
- Comey's legal team argues there is no evidence Comey knew of a violent connotation for '86'.
- A previous indictment against Comey, secured by Lindsey Halligan, was dismissed due to illegal appointment.
James Comey's defense team has vehemently attacked the charges against him, calling them 'preposterous' and 'ludicrous,' as the FBI's case relies on a disputed interpretation of the term '86' as a threat to Donald Trump's life. The defense filing highlights that the FBI's interpretation of '86,' a term often used in the restaurant industry to denote an out-of-stock item, as old Mafia slang for murder, is baseless.
According to the warrants, the FBI contended that Comey's background prosecuting organized crime exposed him to the darker definition, and his Instagram post constituted a 'true threat.' To bolster this claim, prosecutors interviewed Salvatore Gravano, known as 'Sammy the Bull,' who reportedly stated that law enforcement officials would know the violent definition of '86,' but mobsters would avoid it due to its obviousness. Comey's lawyers argue that Gravano provided no specifics to support the idea that Comey was aware of this alleged violent meaning.
Trump had publicly called for Comey's prosecution last year. Subsequently, his appointed prosecutor, Lindsey Halligan, secured an indictment in the Eastern District of Virginia charging Comey with false testimony to Congress in 2020. However, this case was dismissed two months later when a federal judge found Halligan's appointment to be illegal. Comey's team had argued this indictment was driven by Trump's personal animus.
In relation to the 'seashell case,' an associate of Comey's, labeled 'Person 1,' informed the FBI that Comey must have known the violent connotation of '86.' This associate based their view partly on a podcast where Rudy Giuliani suggested Comey's history prosecuting organized crime proved he understood '86' to mean 'kill.' This associate was reinterviewed by the FBI in April 2026. Comey's lawyers assert that this associate is estranged from Comey and is mistaken, as there is no evidence Comey encountered the term '86' in any of his cases. Furthermore, Gravano urged the FBI to contact longtime prosecutor John Gleeson, who provided a six-page affidavit disclaiming any suggestion that the mob used '86' to refer to murder.