Overview
- On Wednesday prosecutors filed a detailed opposition saying “there is no serious dispute” that an objective viewer could read Comey’s May 15, 2025 Instagram photo of shells arranged as “86 47” to mean a threat against President Trump.
- The filing points to contemporaneous evidence, including a text from Comey’s wife minutes before the post and messages about book publicity, and it quotes passages from Comey’s novel FDR Drive to support the government’s theory of intent.
- Comey’s lawyers have asked the court to dismiss the indictment and to order disclosure of grand jury materials, arguing the post was protected political speech and that investigators misled judges and withheld facts.
- DOJ denied claims of vindictive or selective prosecution, said U.S. Attorney W. Ellis Boyle made the charging decision independently, and argued that presidential direction of subordinate prosecutors is constitutionally permissible.
- A judge is expected to rule on Comey’s motions in September, Comey’s arraignment is set for Sept. 30, and the case remains tentatively scheduled for trial on Oct. 21 unless the court narrows or dismisses the charges.