Former FBI Director James Comey has requested a federal judge to dismiss his indictment accusing him of threatening to kill President Donald Trump. The charge stems from an Instagram photo where Comey arranged seashells to spell out “8647,” a number he and his lawyers argue does not constitute a genuine threat. His legal team asserts that this expression is protected free speech under the First Amendment and represents a political slogan opposing the 47th president.

Comey’s legal defense emphasizes that “8647” is widely recognized as a nonviolent political statement, meaning “get rid of Trump,” rather than a violent or threatening message. The lawyers argue that the phrase has been used openly in protests and commercial products prior to Comey’s post, highlighting that no reasonable person would interpret the seashell photo as a direct threat of harm or violence against the president himself. They also challenge the government’s interpretation of the number “86” as implying a threat to kill.

This indictment marks the second time Comey has faced federal charges during Trump’s presidency. The previous case, brought in Virginia, accused Comey of lying under oath during his 2020 Senate testimony but was dismissed due to the improper appointment of a U.S. attorney involved in that prosecution. Comey, a notable critic of Trump who was dismissed from the FBI in 2017, has maintained his innocence and accused the Justice Department of targeting him due to the president’s animosity.

The ongoing legal battle raises questions about the balance between political speech and threats under U.S. law. Comey’s lawyers maintain that suppressing this type of political expression conflicts with constitutional protections. The court’s decision on whether the indictment should be dismissed could have broader implications for how political rhetoric is adjudicated in cases involving public figures and government officials.