United States v. Comey (seashell '86 47' post, E.D.N.C.)
Case Overview
A federal criminal prosecution of former FBI Director James Comey in the Eastern District of North Carolina, before Judge Louise Wood Flanagan. His defense team includes Patrick J. Fitzgerald and former Deputy Solicitor General Michael R. Dreeben.
A grand jury indicted Comey, almost a year after the conduct at issue, on two counts arising from a single Instagram post: a photograph of seashells arranged to read "86 47". Count One charges a threat against the President under 18 U.S.C. Section 871(a), and Count Two charges transmitting a threatening communication in interstate commerce under 18 U.S.C. Section 875(c).
Comey moved to dismiss both counts, arguing the post is not a true threat and is protected political speech, noting that "86 47" was a widely sold and widely displayed anti-Trump slogan before his post and that "86" ordinarily means to get rid of or eject rather than to kill. He separately has motions pending to dismiss for selective prosecution and for vindictive prosecution. The government has not yet responded to the true-threat motion.
Legal Issues
The Facts
Comey authored a series of memoranda after meetings with President Trump in early 2017, some of which he later shared with a personal friend who passed them to the press. Certain pages of those memos were subsequently classified. Federal prosecutors alleged that Comey retained and disclosed protected government records without authorization. Comey maintained that the memos were personal and that any classification was applied retroactively.
The Conclusion
Active prosecution as of the tracker coverage period. The case raises questions about retroactive classification, prosecutorial selectivity, and the line between personal notes and government records for senior officials. Status should be verified against current docket filings.
Overview
A grand jury in the Eastern District of Virginia indicted former FBI Director James Comey on two counts arising out of his testimony before the Senate Judiciary Committee on Sept. 30, 2020.
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