Lawyers for James Comey — the former FBI director and a frequent target of President Donald Trump's criticism — filed a motion Tuesday accusing federal prosecutors of omitting crucial information and distorting details in the case against their client.
The motion alleges the administration's prosecution was driven by political retaliation and is rife with "irregularities." The lawyers are seeking to dismiss the case.
"There is substantial objective evidence — much of it from the government's own public statements and admissions — showing that the president's animosity toward Mr. Comey led to this retaliatory and selective prosecution," the lawyers wrote.
Comey was charged in April over an Instagram post from last year showing seashells arranged on a beach reading "86 47." The Justice Department claimed the numbers constituted a message referring to killing Trump — the 47th president — with "86" being slang for cancel or eliminate, commonly used in restaurants to void orders.
Comey denied the post had violent intent. Human rights activists have questioned whether the charge would hold up in court, noting the image could be protected under the First Amendment.
Comey faces one count of threatening the president and one count of conveying a threat through interstate commerce. If convicted, he could face up to 10 years in prison.
The case is the latest example of the Trump administration aggressively prosecuting political opponents. Federal prosecutors have previously charged figures like New York Attorney General Letitia James and former National Security Advisor John Bolton — both vocal critics of the president.
While Bolton pleaded guilty to unlawfully retaining classified documents in June, the case against James was quickly dismissed. Comey also faced a separate criminal indictment in September 2025, shortly after Trump posted on Truth Social that there was "no action" against people like Comey and James. Both cases were dismissed in November 2025 after a federal judge ruled the prosecutors were not lawfully appointed.
Comey's latest motion accuses federal prosecutors of concealing information about their failed attempts to link the term "86" to criminal activity. The lawyers described multiple instances where prosecutors and FBI agents searched for "86," including in the files of organized crime suspect John Gambino — whom Comey worked with early in his career — but found nothing. These failed searches were deliberately omitted from warrant applications.
"Evidence obtained during discovery supports at least a significant prima facie showing that the affidavits supporting two search warrants contained statements that were intentionally false and omitted material facts," Comey's lawyers wrote. Trump has frequently called for Comey's prosecution, calling him "a corrupt individual" and firing him in May 2017 as the FBI investigated ties between Trump's 2016 campaign and Russia.
