NEW BERN, NORTH CAROLINA — Former FBI Director James Comey filed new motions seeking dismissal of federal charges accusing him of threatening President Trump. The filing argues the indictment constitutes vindictive and selective prosecution and alleges the U.S. Secret Service conducted illegal electronic surveillance without a warrant.

Comey is set to be arraigned on two charges of threatening to kill the president on Sept. 30 in New Bern, North Carolina. Acting Attorney General Todd Blanche unveiled charges against Comey in April, alleging that a social media post constituted a criminal threat against the head of state.

The charges stem from a May 2025 Instagram post featuring seashells arranged to form the numbers 86 47. Comey deleted the Instagram post, stating he opposes violence of any kind. His legal team noted that merchandise with the message 86 47 or "86 46" is available for sale online without similar prosecution.

Comey's attorneys argued the government singled out Comey for prosecution because President Trump harbors animus toward him and his protected speech. President Trump fired Comey during his first term in 2017. Since that departure, the two men have exchanged public criticisms, with Comey calling Trump "morally unfit" to be president and Trump labeling Comey a "dirty cop." The filing includes a 76-page spreadsheet listing insults exchanged between Trump and Comey over nine years to support the claim of targeted enforcement.

Comey previously asked U.S. District Judge Louise W. Flanagan to dismiss the indictment on grounds that it targets speech protected by the First Amendment. The Justice Department denied that Comey is being singled out due to his political views.

Beyond claims of political motivation, the defense challenged the investigative methods used to build the case. Comey accused the U.S. Secret Service of conducting illegal electronic surveillance at the request of a high-level DOJ official without a warrant. Filings show Secret Service staff discussed "pinging" Comey's phone to track its location, with some personnel viewing the idea skeptically. Comey's lawyers shared emails showing an official at the Secret Service was traveling on Air Force One with Trump on the day of Comey's interview.

An unnamed Secret Service official stated in a message, "At that time we did not believe that anyone's life was in immediate danger and legally it was a bad idea to ping the phone." Despite these internal reservations, the Secret Service requested Verizon provide location information due to an "emergency" situation while Comey was traveling from North Carolina to Virginia.

Comey's legal team requested a Franks hearing to determine if the government misled the magistrate judge who approved search warrants. The search warrants are related to digital accounts belonging to Comey and his wife. Comey's legal team stated the warrant affidavits omitted facts known to the affiant and misled magistrates with material falsehoods. Comey's attorney Patrick Fitzgerald filed an affidavit citing substantial discovery provided by the government.

The defense pointed to inconsistencies in witness testimony cited in the warrant applications. A witness cited in the warrant applications admitted to federal law enforcement that they had been estranged from Comey and had not spoken to him for at least two years. The witness told law enforcement their first reaction to the "86 47 post was that it referred to restaurant slang for an item being out of stock, until they listened to an episode of Rudy Giuliani's podcast."

Federal investigators also searched for historical uses of the term 86 to establish intent. In September 2025, the FBI searched its database for references to the term 86 in cases Comey worked on, which produced inconclusive results. A separate search of the FBI's file in the case of mob boss John Gambino turned up no references to the term 86. An FBI agent and a federal prosecutor interviewed Salvatore Sammy the Bull Gravano, a former member of the Gambino crime family, about whether Comey ever discussed the term 86 with him. Gravano stated he doubted he would have brought up the term with Comey, though he noted it can mean to kill.""