Former FBI Director James Comey’s attorneys have filed a movement looking for the dismissal of the indictment charging Comey for posting an image on his Instagram account of seashells spelling out “8647,” which federal prosecutors say constituted a threat in opposition to President Donald Trump’s life.
“This indictment targets protected speech on the coronary heart of the First Modification,” Comey’s attorneys stated of their submitting, concerning the costs announced in April over the since-deleted Instagram submit from Might 2025.
“Mr. Comey, an outspoken critic of President Trump, posted {a photograph} of seashells spelling out ’86 47,’ a widely known political slogan that expresses opposition to the President,” the submitting stated. “The truth is, hundreds of things that includes this slogan have been bought on the web and can be found to this present day, and the slogan was generally displayed at protests across the nation within the months previous Mr. Comey’s submit.”
The submitting, one among a collection of anticipated efforts by Comey’s authorized staff to have his case thrown out earlier than trial, accuses the Justice Division of singling out Comey “to prosecute one of many President’s most distinguished critics for publishing one other particular person’s assertion of political opposition.”
“That try and suppress core political speech contravenes each the statutes at difficulty and the First Modification,” Comey’s attorneys wrote.
Comey has vigorously denied his submit was ever meant as a menace in opposition to Trump and is anticipated to plead not responsible in an arraignment scheduled for subsequent month in North Carolina.
“Forcing Mr. Comey to face trial for a press release opposing the President — even when he’s finally acquitted — would itself be an unconstitutional punishment of free speech,” the submitting stated. “And it might invite future prosecutions by the Govt Department in opposition to perceived political enemies for his or her opposition to the President. Authorities officers have already warned that they plan to focus on residents in the event that they ‘copycat’ Mr. Comey’s ‘political assertion.'”
Former FBI Director James Comey speaks to reporters on Capitol Hill in Washington, Dec. 17, 2018.
J. Scott Applewhite/AP
Of their movement Monday, Comey’s attorneys revealed that after the previous FBI director deleted his submit, he contacted the native police chief “to inform him concerning the controversy over the submit” and, as ABC Information beforehand reported, agreed to be interviewed by Secret Service brokers.
In making their argument that the submit falls properly in need of the excessive authorized bar to represent a “true menace” because the Supreme Courtroom has outlined it, Comey’s attorneys claimed that prosecutors have supplied no proof to help the mandatory commonplace displaying Comey himself meant to interact in a violent act.
Additionally they pointed to latest statements made by President Trump that they argue go a lot farther in doubtlessly inciting violence in opposition to his political enemies, together with Trump’s declare earlier this 12 months that the lawmakers who posted the video urging service members to disobey illegal orders amounted to “treason” that was “punishable by loss of life.”
