Defense says ‘86 47’ photo was political opposition, not a threat
In the motion filed Monday in federal court, Comey’s attorneys argued that the social media post of seashells arranged in the pattern “86 47” was a statement of political opposition, not a call to violence against President Donald Trump. They asked the judge to dismiss the charges on grounds that the image was protected speech.
“The government now singles out Mr. Comey to prosecute one of the President’s most prominent critics for publishing another person’s statement of political opposition over a social media photo of seashells arranged on a beach,” the lawyers wrote.
The phrase “86 47,” which has long meant to “get rid of” or “eject” someone, has appeared on thousands of items sold online and is regularly displayed at protests, defense lawyers noted, pointing to that widespread use as evidence the image was political, not criminal.
Comey’s lawyers argued that the government cannot prove the photo constituted a “true threat” against Trump, a legal standard they said cannot be met with political sloganeering alone.
“That attempt to suppress core political speech contravenes both the statutes at issue and the First Amendment,” they wrote.
Trump fired Comey in 2017, according to the filing. Comey has since been one of Trump’s most prominent critics.